1. Introduction – what is stalking?

The police and CPS have adopted the following description of stalking:

‘a pattern of unwanted, fixated and obsessive behaviour which is intrusive. It can include harassment that amounts to stalking or stalking that causes fear of violence or serious alarm or distress in the victim’. Statutory Guidance – Stalking Protection Orders: Statutory Guidance for the Police, Annex A: Understanding Stalking (Home Office)

There is no such thing as a ‘typical’ stalking perpetrator or a ‘typical’ stalking victim, but stalkers may often target people who are particularly vulnerable, including adults with care and support needs. Stalking disproportionately affects women and girls, but men and boys can be victims too. Stalking affects people of all ages and from all backgrounds, and it can have a devastating impact on victims.

Stalking behaviours often have the same characteristics as other forms of abuse, including domestic abuse, rape and other sexual offences, harassment, and so-called ‘honour-based’ abuse. Stalking behaviours can be an extension of coercive control, when an abusive intimate partner relationship has ended and / or the perpetrator and the victim are no longer living together (see Domestic Abuse chapter).

Different perpetrators will engage in different types of behaviour depending on their motive and what they hope to achieve from pursuing their victim. The relationship between the perpetrator and the victim, as well as the context in which the stalking behaviour takes place, can also vary. In many cases the victim and perpetrator will be known to each other.
Fear of serious harm or death does not have to be present for the perpetrator’s behaviour to amount to stalking, or for the victim to feel they have to make significant changes to their daily activities.

There may be a combination of online and offline stalking behaviours committed by the perpetrator.

The perpetrator’s behaviours may appear to others as ‘harmless’ and within the law, particularly if considered as isolated incidents rather than as part of a pattern of behaviour. However, behaviours may amount to stalking depending on:

• the context of the behaviour;
• the motivations driving the behaviour; and
• the impact on the victim.

Stalking perpetrators can manipulate practitioners, agencies and systems, using a range of tactics to continue their contact with, and control over the victim, including:

• deliberately targeting adults who might be vulnerable;
• manipulating an adult’s mental health (for example, making them think that they are ‘going mad’);
• using the system against the victim by making counter-allegations against them, or making false reports to organisations or claiming to be the victim of the stalking behaviour themselves;
• attempting to frustrate or interfere with a police investigation into their behaviour;
• using threats in order to manipulate the victim. For example, by telling the victim that they will make a counter-allegation against them; that the victim will not be believed by the police or other agencies; that they will inform social services; or contact immigration officials where the victim does not have permission to be in the UK.

2. Identifying Stalking Behaviours and Supporting Victims

Prevention and early support are key principles of adult safeguarding, therefore adults with care and support needs should receive clear and simple information from practitioners about what stalking is, know how to recognise the signs and what to do if they need help.
Stalking can include:

• following someone;
• going uninvited to their home;
• hanging around somewhere they know the person often visits;
• watching or spying on someone;
• sending unwanted gifts, flowers, cards, emails or texts;
• becoming friends on social media and then repeatedly mentioning the adult in posts or leaving comments on posts they have commented on.

2.1 Action to take

Adults who are being stalked should be supported to:

• report it and tell others;
• collect evidence and keep a diary (e.g. keep any messages or unwanted gifts, write down details of when the stalker was seen nearby);
• complete a risk assessment using the Risk Screening Checklist;
• contact a specialist agency for support and advice:
  • Suzy Lamplugh Trust / national stalking helpline ;
  • Paladin National Stalking Advocacy Service.

All adults have the right to feel safe in their own homes. Stalking is a criminal offence and should, therefore. be reported to the police.

3. Criminal Offences

3.1 Stalking

The Sentencing Council defines stalking as persistently following someone. It does not necessarily mean following them in person, and can include watching, spying or forcing contact with the victim through any means, including social media.

If a person is convicted of stalking under the Protection from Harassment Act 1997 the maximum sentence is six months’ custody. If the stalking is racially or religiously aggravated, the maximum sentence increases to two years’ custody.

3.2 Stalking involving fear of violence or serious alarm or distress

Stalking involving fear of violence or serious alarm or distress is a more serious offence. It involves two or more occasions that have caused the victim to fear violence will be used against them or had a substantial adverse effect on their day-to-day activities, even where the fear is not explicitly of violence. Evidence that the stalking has caused this level of fear could include the victim:

• changing their route to work, the hours or days they work or their employment to avoid contact with the stalker;
• putting additional home security measures in place;
• moving home;
• suffering physical or mental ill-health.

The maximum sentence is 10 years’ custody. If racially or religiously aggravated, the maximum sentence is 14 years’ custody.

4. Stalking Protection Orders

4.1 Overview

Stalking Protection Orders are civil orders which can be requested by the police. The threshold for starting criminal proceedings does not need to be met for a Stalking Protection Order to be made – providing a way for early police intervention in stalking cases. No previous conviction for stalking offences is needed to apply for an order.

The use of Stalking Protection Orders should be considered as part of local adult and / or child safeguarding and public protection procedures.

When the threshold to start criminal proceedings has already been met, a Stalking Protection Order is not an alternative to criminal prosecution for stalking offences but can be used alongside prosecution for such an offence. This allows for protection to be put in place for the victim even if the criminal case results in an acquittal, or where a criminal prosecution is not pursued.

Stalking Protection Orders may be used in a domestic abuse context where appropriate.

The police should consider applying for an order where it appears to them that:

• the alleged perpetrator has committed acts associated with stalking;
• the alleged perpetrator poses a risk of stalking to a person; and
• there is reason to believe the proposed order is necessary to protect the other person from that risk. (The person to be protected does not have to have been the victim of the acts mentioned above.)

The ‘risk of stalking’ may relate to committing physical or psychological harm to the other person and / or physical damage to their property. This includes acts which the alleged perpetrator knows, or ought to know, would not be welcomed by the other person even if, in other circumstances, the acts would appear harmless in themselves.

Interim Stalking Protection Orders are intended to make it quicker to obtain an order when there is an immediate risk of harm, for example in cases where there are concerns about suicide or serious violence, including murder, but where further information or investigation is required to meet the criteria to obtain a full Stalking Protection Order or when the court is unable to provide the full order in time.

4.2 Conditions of an Order

The conditions of an Order could include banning the alleged perpetrator from:

• entering certain locations or defined areas where the victim lives or frequently visits;
• contacting the victim by any means, including by telephone, post, email, text message or social media;
• contacting or interacting with the victim through other people, for example friends or family;
• making reference to the victim on social media either directly or indirectly;
• making vexatious (upsetting) applications to the civil court (including the Family Court) which reference the victim;
• recording images of the victim;
• using any device capable of accessing the internet;
• physically approaching the victim (at all, within an area agreed as part of the Order, as outlined on a map); and / or
• being involved in any kind of surveillance of the victim.

The conditions of the order could also include positive requirements for the perpetrator to:

• attend an assessment as to whether they are suitable for treatment;
• attend an appropriate perpetrator intervention programme;
• attend a mental health assessment;
• attend a drugs and alcohol programme;
• give their devices to the police (for example, phones, laptops and mobile phones);
• provide the police with access to their social media accounts, mobile phones, computers, tablets and passwords / codes; and / or
• sign on at a police station.

4.3 Breach of an Order

A person who, without a reasonable excuse, breaches a Stalking Protection Order or an Interim Stalking Protection Order commits a criminal offence.

If the name used by or the address of a person, who is subject to a Stalking Protection Order / Interim Stalking Protection, changes during the duration of the Order, they must notify the police of that within three days; failing to do so is a criminal offence.

1. Introduction

There may be times when an adult makes an allegation of abuse, including sexual abuse, that happened many years ago. This is often called historical or non-recent abuse. Most commonly it is an adult reporting abuse that happened during their childhood, but it could also be an older adult who experienced abuse as a younger adult. The impacts of abuse can last a lifetime and can have an ongoing impact on the adult’s physical and mental health, relationships and wellbeing.

There are a number of reasons why the adult may not have been able to report the abuse at the time it took place. This includes:

• a concern that they would not be believed;
• not understanding what was happening to them;
• a fear of retaliation from the alleged abuser;
• the consequences to themselves or others of the impact / fallout of reporting the abuse;
• a power imbalance between the abuser and the adult.

Reasons why an adult may later decide to report abuse they experienced as a child include:

• media coverage of other successful prosecutions of historical abuse;
• being aware of other allegations against the abuser and wanting to stop them abusing others;
• having shared their experiences with another person who will support them to report the abuse;
• seeking a sense of closure.

2. Action to Take

An adult may disclose non recent abuse to practitioners from any organisation, or may go directly to the Police or social care (children’s or adults).

The adult should be supported to share their story at their own pace and reassured that they will listened to and taken seriously.

It is important to avoid asking leading questions, but the following information will help identify appropriate next steps:

• When the abuse occurred (and if possible, over what time period);
• Where did the abuse took place and if there were other victims;
• Who the perpetrator was (if the adult will not name the perpetrator, try to establish the relationship, e.g. family member, teacher, care worker);
• If they know if the alleged perpetrator is still alive, and where they may live.
• Whether the alleged abuser is known to still be contact with children, and the identity of any child who may currently be at risk, if known.

It should be explained that information the adult gives may need to be shared – even if the adult does not want to make a formal report to the Police or social care – to protect other children from possible abuse.

If the alleged abuser was in a position of trust with children or vulnerable adults at the time of the offence/s, either children’s social care or adult social care (as relevant) should hold a strategy discussion to determine what is known about the alleged abuser now and whether any further action is required, including whether other children may also have been abused or if they still have contact with children or vulnerable adults now – either professionally or in their home lives. Discussions should involve senior police officers and partner agency managers to ensure there are appropriate resources, as required.

Historical abuse allegations can be more complex to investigate and prosecute due to the passage of time; there may be less evidence available and / or people may have left the area for example. However, evidence including photographs may still be available and people may be willing to give statements. There are however many examples of successful prosecutions of historical abuse.

For further information in relation to children’s safeguarding, see the Safeguarding Children Partnership Procedures.

For action in relation to adult safeguarding, see Safeguarding Enquiries Process.

3. Supporting the Adult

Adults should be offered appropriate support. This could include a referral to mental health services or signposting to local organisations who provide support for victims / survivors of abuse.

Agencies involved should agree who keeps the adult informed of progress with any investigation.

1. Introduction

The purpose of this toolkit is to develop practice guidance for a range of multi-agency professionals to use, when supporting someone who is self-neglecting or hoarding. Through a review of the current self-neglect process, there has been some identified learning that can be applied in the development of this toolkit. This Toolkit can be used by any multi-agency partner.

The Care and Support Statutory Guidance clarified the relationship between self-neglect and safeguarding and has now made self-neglect a category of harm, about which the Local Authority has a duty to make enquiries and to assess need with the promotion of well-being at the heart.

Further clarification received from the Department of Health and Social Care states that self-neglect is the responsibility of safeguarding boards in terms of ensuring that policies and procedures underpin work around people who self-neglect, balancing, self-determination, robust mental capacity assessment, consent and protection. It does not mean that each case of self-neglect must progress to a Section 42 enquiry, but that each case must receive an appropriate response.

Engaging with, assessing and providing support to such people can be complex and frustrating and often requires a clear understanding of the law, to ensure actions taken are defensible. Many dedicated, compassionate practitioners are left struggling with cases, feeling alone and isolated.

In 2011, the Law Commission undertook a series of scoping studies in adult social care. This identified a historic lack of understanding of self-neglect, resulting in inconsistent approaches to support and care. In an effort to address this, the Care and Support Statutory Guidance formally recognises self-neglect as a category of abuse and neglect – and within that category identifies hoarding.

This means that the need locally for a consistent approach is key in ensuring that multi-agency professionals work together, to ensure that people who self-neglect have the right support, which is timely and in a proportionate and preventative way.

2. The Local Picture

Year	Number of Safeguarding Concerns Raised	Number of Section 42 Enquiries	Number Relating to Self-Neglect	No/Outcome of Cases Submitted for SAR
2019/20	952	787	32	3
2020/21	1072	478	26	13
2021/22	1084	361	32	13
2022/23	1312	346	69	6

Self-neglect became a domain of abuse within the Care Act 2014. However, how self-neglect differs from other domains of abuse, is that there is no other person inflicting self-neglect on the individual in an abusive way – therefore there is no alleged perpetrator only the individual themselves.

For social workers, this provides a significant challenge in developing relationships that empower the individual, or safety plans based upon what makes a person feel safe and well cared for, yet respect autonomous decision making, whilst juggling other duties and responsibilities.

It is important to explore the person’s history; listen to the way they talk about their life, difficulties and strategies they have developed for self-protection. By doing this, social workers and health professionals can begin assessing why the person self-neglects and begin to offer support in replacing attachment objects, with interaction and relationships with people and the community. Distress may have led people to seek comfort in having possession; when faced with isolation they may seek proximity to things they’re attached to and when faced with chaos may seek to preserve predictability.

Early relationships can have quite an effect on how a person perceives the world and may not recognise their self-neglect – and may even find comfort in their situation. Deep-seated emotional issues, which have evolved as coping strategies cannot be undone in an instant.

 3. What is Self Neglect?

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Self-neglect manifests itself in different ways. It might be that a person is physically or mentally unwell or has a disorder and cannot meet their own care needs as a result. They may have suffered trauma or loss or be receiving inappropriate support from a carer. The person may not recognise the level of self-neglect. The foundations of self-neglect can begin with trauma and loss, parental attachment and control issues and information processing deficits.

Self-neglect can also occur as a result of cognitive impairment, dementia, brain damage, depression or psychotic disorders. It may be down to substance use, including misuse of prescribed medications.

3.1  Types of Self-Neglect

• Lack of self-care to an extent that it threatens personal health and safety;
• Neglecting to care for one’s personal hygiene, health or surroundings;
• Inability to avoid self-harm;
• Failure to seek help or access services to meet health and social needs;
• Inability or unwillingness to manage one’s personal affairs.

3.2 Indicators of self-neglect

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3.3 Children and the links to self-neglect

The impact of self-neglect in adults can impact upon children, and present as a form of child abuse that occurs when a child’s basic needs are not met by their caregivers. This can include lack of food, clothing, hygiene, medical care, education, or supervision for children and result in parent(s) being unable to their child’s emotional needs. This can be because of mental health issues, substance or alcohol misuse, self-harm, loss and grief or any form of past and current trauma.

Practitioners should always be aware of the impact of adult self- neglect on any children living within the family home and if they  are worried about a child, submit the relevant safeguarding children concerns as per guidance provided in the Safeguarding Children Partnership, Referral Guidance.

Further information can also be found at: Working Together to Safeguarding Children

3.4 Obesity / malnourishment and the links to self-neglect

There is an interface between obesity or malnourishment and self-neglect, which identifies some key issues for practitioners:

In cases of self-neglect where the person is plus size or malnourished, staff should consider any possible underlying causes, or disabilities which may be interfering with the person’s ability and/or choice to engage with care and support.

Cooperation, collaboration and communication between professionals specialised in working with disability and those working in obesity/malnourishment services which can help lead to improved prevention, early detection and treatment for people.

Health and Social Care providers need to identify and understand the barriers that people with disabilities and obesity/malnourishment may face in access to health and preventative services and make efforts to address them before assuming that the person is ‘refusing’.

Health and social care providers need to adjust policies, procedures, staff training and service delivery to ensure that services are easily and effectively accessed by people with disabilities and obesity/malnourishment. This needs to include addressing problems in understanding and communicating health needs, access to transport and buildings, and tackling discriminatory attitudes among health care staff and others, to ensure that people are offered the best possible opportunity of engaging with services.

It may be that the person is able to engage in a conversation about a mental health or physical health problem when they do not feel able to talk about their obesity/ malnourishment. This may be due to concerns about stigma, embarrassment or worries that professionals may seek interventions that they are not ready to access. Engaging the person to work on the issues they see as important is essential to developing a longer-term relationship.

There should be active support for obese/malnourished individuals to live independent and healthy lives. It is important that health promotion initiatives recognise the limits of information giving and the need for whole communities to be included in tackling discrimination, to allow people to have the confidence to accept support and join in with community activities.

4. Roles and Responsibilities

Service	Examples of how agencies can support someone who is self-neglecting
Clinical Psychology	can support people who self-neglect by developing psychological understanding of their situation and helping them find strategies to help manage their situation, including psychological therapy.
Community nurses	provide healthcare to people in their own homes. They will refer to other services, such as the continence or respiratory service, or for specialist equipment such as profiling beds.
Environmental health	…aims to reduce the risk to the self-neglecting person themselves, but also the wider community through practical direct work with the person, invoking any relevant legislation where necessary.
Fire and Rescue Services	can provide fire safety advice, including hoarding, and put practical measures in place to reduce the risk of a fire. They may refer on to other agencies for more support.
General Practitioners (GPs)	can identify people who seem to be self-neglecting, provide support and advice and refer to other agencies such as mental health, to enable people to get support and assistance if required.
Hospital nurses	…will identify patients who seem to be self-neglecting, support the patient and refer to other agencies to enable potential to gain help and support required, within and following their stay in hospital
Housing	can help people practically to support their tenancies to avoid the risk of being evicted, due to problems with self-neglect. Housing will refer to other agencies if required, for example the Fire Service, Assistive Technology etc.
Advocacy	support the person to make their own decisions, ensure their views, wishes, feelings, beliefs and values are listened to, and may challenge decisions that they feel are not in the person’s best interests.
Occupational therapists	work with individuals to identify any difficulties they experience in day to day living activities, finding ways to help individuals resolve them. They support independence where possible and safety within the community, to help build confidence and motivation.
Paramedics	are called by the person or a third party caller due to medical concerns or health deterioration. They will deliver appropriate emergency treatment, assess mental capacity in relation to the health issues presented (particular around refusal to go to hospital) and refer on to other agencies with concerns.
Physiotherapists	can help with treatment of injury, disease or disorders through physical methods and interventions. A Physio helps and guides patients, prescribes treatment and orders equipment. They can refer to other services if required.
Police	can investigate and prosecute if there is a risk of wilful neglect, they can provide safeguarding to families and communities by sharing information, refer to specialist partner agencies and use force to gain entry/access of there are legal grounds to do so.
Probation	will identify problems via home visits and provide regular monitoring. They may refer to social services, mental health, housing and health. They will complete risk assessments and risk management plans, making links to the risk of serious harm.
RSPCA/LA/Animal Welfare Services	investigate complaints of cruelty to and neglect to animals and offer support and advice.
Social workers	…will complete assessments by talking to and getting to know the person. They may establish their mental capacity to make a particular decision about their lives and consider all options available. They may put in support or care or refer to other agencies. They may arrange multi-agency meetings and will rely on sign up from partner agencies regarding this. They can help with relationship building, communication skills and try to develop social networks for the person who is self-neglecting.
Voluntary, Community and Faith Sector organisations	staff and volunteers can provide a whole range of social opportunities and support, to support people to connect with their peers and communities. This includes clubs, support groups, foodbanks and faith led support services. Staff and volunteers from this sector are a vital part of the formal and informal planned care and support for people who self-neglect.
Mental health outreach team	can provide specialist mental health related to support to people who self-neglect in their own homes. This includes practical support, active support and will aim to promote independence and choice, linking in with other services and sharing information.
Red Cross	…can provide short term support in the home for people after a hospital admittance following an accident, illness or during a personal crisis.
Hospital Discharge Social Care	can assess and plan care and support for people who are admitted to hospital, so that when the person is discharged, this is as safe a journey as possible for the person who is self-neglecting. This includes completing capacity and risk assessments, as well as information sharing with the wider MDT.
Welfare rights	…can support the person who is self-neglecting to maximise their income, which may have a positive impact on their ability to self-care and emotional wellbeing.
Drug and alcohol services	can provide support, advice, counselling and ensuring the person who is self-neglect access the appropriate level of health and social care support. This in addition to supporting the person if they have a drug or alcohol problem which may impact on their ability to self care.
Reablement / intermediate care	can support if someone is self-neglecting due to an acute problem, by providing short term support to re-enable and promote independence.

See also Local Contacts for information on how to contact safeguarding partners.

5. The Legal Perspective

5.1 Legal options in relation to self-neglect

There are many legislative responsibilities placed on agencies to intervene in or be involved in some way with the care and welfare of adults who are believed to be vulnerable.

It is important that everyone involved thinks proactively and explores all potential options and wherever possible, the least restrictive option e.g. a move of the person permanently to smaller accommodation where they can cope better and retain their independence.

The following outlines a summary of the powers and duties that may be relevant and applicable steps that can be taken in cases of dealing with persons who are self-neglecting and/or living in dirty and unpleasant conditions. The following is not necessarily an exhaustive list of all legislative powers that may be relevant in any particular case. Cases may involve user of a combination of the following exercise of legislative powers.

The tenant is responsible for the behaviour of everyone who is authorised to enter the property.

There may also be circumstances in which a person’s actions amount to anti-social behaviour under the Anti-Social Behaviour, Crime and Policing Act 2014. Section 2(1)(c) of the Act introduced the concept of “housing related nuisance”, so that a direct or indirect interference with housing management functions of a provider or local authority, such as preventing gas inspections, will be considered as anti-social behaviour. Injunctions which compel someone to do or not do specific activities, may be obtained under Section 1 of the Act. They can be used to get the tenant to clear the property or provide access for contractors. To gain an injunction, the landlord must show that, on the balance of probabilities, the person is engaged or threatens to engage in antisocial behaviour, and that it is just and convenient to grant the injunction for the purpose of preventing an engagement in such behaviour. There are also powers which can be used to require a tenant to cooperate with a support service to address the underlying issues related to their behaviour.

Environmental Health

Environmental Health Officers in the Local Authority have wide powers/duties to deal with waste and hazards. They will be key contributors to cross departmental meetings and planning and in some cases, e.g. where there are no mental health issues, no issues regarding the mental capacity of the person concerned, and no other social care needs, then they may be the lead agency and act to address the physical environment.

Remedies available under the Environmental Protection Act 1990 include:

• Litter clearing notice where land open to air is defaced by refuse (section 92a);
• Abatement notice where any premise is in such a state as to be prejudicial to health or a nuisance (sections 79/80)

Other duties and powers exist as follows:

• Town and Country Planning Act 1990 provides the power to seek orders for repairs to privately owned dwellings and where necessary compulsory purchase orders. The Housing Act 2004 allows enforcement actions where either a category 1 or category 2 hazard exists in any building or land posing a risk of harm to the health or safety of any actual or potential occupier or any dwelling or house in multiple occupation (HMO). Those powers range from serving an improvement notice, taking emergency remedial action, to the making of a demolition order. Local Authorities have a duty to take action against occupiers of premises where there is evidence of rats or mice, under the Prevention of Damage by Pests Act 1949;
• The Public Health (Control of Disease) Act 1984 Section 46, sets out restrictions in order to control the spread of disease, including use of infected premises, articles and actions that can be taken regarding infectious persons.

Landlords

These powers could apply in Extra Care Sheltered Schemes, Independent Supported Living, private-rented or supported housing tenancies. It is likely that the housing provider will need to prove the tenant has mental capacity, in relation to understanding their actions before legal action will be possible. If the tenant lacks capacity, the Mental Capacity Act 2005 should be used.

In extreme cases, a landlord can take action for possession of the property for breach of a person’s tenancy agreement, where a tenant fails to comply with the obligation to maintain the property and its environment to a reasonable standard. This would be under either Ground 1, Schedule 2 of the Housing Act 1985  (secure tenancies) or Ground 12, Schedule 2 of the Housing Act 1988 (assured tenancies).

The tenant is responsible for the behaviour of everyone who is authorised to enter the property.

Mental Health Act 1983

Sections 2 and 3 Mental Health Act 1983: Where a person is suffering from a mental disorder (as defined under the Act) of such a degree, and it is considered necessary for the patient’s health and safety or for the protection of others, they may be compulsorily admitted to hospital and detained there under Section 2 for assessment for 28 days. Section 3 enables such a patient to be compulsorily admitted for treatment.

 Section 7 Mental Health Act 1983: A Guardianship Order may be applied for where a person suffers from a mental disorder, the nature or degree of which warrants their reception into Guardianship (and it is necessary in the interests of the welfare of the patient or for the protection of other persons). The person named as the Guardian may be either a local social services authority or any applicant.

A Guardianship Order confers upon the named Guardian the power to require the patient to reside at a place specified by them; the power to require the patient to attend at places and times so specified for the purpose of medical treatment, occupation, education or training; and the power to require access to the patient to be given, at any place where the patient is residing, to any registered medical practitioner, approved mental health professional or other person so specified.

In all three cases outlined above (i.e. Schedule 2, 3 and 7), there is a requirement that any application is made upon the recommendations of two registered medical practitioners.

Section 135 Mental Health Act 1983: Under Section 135, a Magistrate may issue a warrant where there may be reasonable cause to suspect that a person believed to be suffering from mental disorder, has or is being ill-treated, neglected or kept otherwise than under proper control; or is living alone unable to care for themselves. The warrant, if made, authorises any constable to enter, if need be by force, any premises specified in the warrant in which that person is believed to be, and, if thought fit, to remove them to a place of safety.

Section 135 lasts up to 36 hours (it’s usually 24 hours and in certain circumstances a Doctor can extend by 12 hours) and is for the purpose of removing a person to a place of safety with a view to the making of an assessment regarding whether or not Section 2, 3 or 7 of the Mental Health Act should be applied.

Section 136 Mental Health Act 1983 allows Police Officers to remove adults who are believed to be “suffering from mental disorder and in immediate need of care and control” from a public place of safety for up to 24 hours for the specified purposes, with the option to extend for 12 hours. The place of safety could be a police station or hospital.

Mental Capacity Act 2005

The powers to provide care to those who lack capacity are contained in the Mental Capacity Act 2005.  Professionals must act in accordance with guidance given under the Mental Capacity Act Code of Practice when dealing with those who lack capacity and the overriding principle is that every action must be carried out in the best interests of the person concerned.

Where a person who is self-neglecting and/or living in squalor and does not have the capacity to understand the likely consequences of refusing to cooperate with others and allow care to be given to them and/or clearing and cleaning of their property, a best interest decision can be made to put in place arrangements for such matters to be addressed. A best interest decision should be taken formally with professionals involved and anyone with an interest in the person’s welfare, such as members of the family.

The Mental Capacity Act 2005 provides that the taking of those steps needed to remove the risks and provide care will not be unlawful, provided that the taking of them does not involve using any methods of restriction that would deprive that person of their liberty. However, where the action requires the removal of the person from their home, then care needs to be taken to ensure that all steps taken are compliant with the requirements of the Mental Capacity Act. Consideration needs to be given to whether or not any steps to be taken require a Deprivation of Liberty Safeguards  application (see Deprivation of Liberty Safeguards chapter). In addition consideration needs to be given to S47 of the Care Act whereby the Local Authority needs to have taken reasonable steps to mitigate/prevent the loss or damage of a person’s property and/or belongings.

Where an individual resolutely refuses to any intervention, will not accept any amount of persuasion, and the use of restrictive methods not permitted under the Act are anticipated, it will be necessary to apply to the Court of Protection for an order authorising such protective measures. Any such applications would be made by the person’s care manager who would need to seek legal advice and representation to make the application.

Section 44 Mental Capacity Act 2005 created an offence of ill-treating or wilfully neglecting a person who lacks capacity, or whom the offender reasonably believes to lack capacity. The offence may only be committed by certain persons who have a caring or other specified responsibility for the person who lacks capacity. The penalties are, on summary, conviction up to 12 months imprisonment, a fine not exceeding the statutory maximum, or both, or on conviction on indictment of up to 5 years imprisonment or a fine or both.

Article 8 of the Human Rights Act 1998 states that the right to private life protects people’s well-being and autonomy, including: people living free from abuse or neglect (including self-neglect).

Court of Protection

You can apply to the Court of Protection to get an urgent or emergency court order in certain circumstances, e.g. a very serious situation when someone’s life or welfare is at risk and a decision has to be made without delay. You won’t get a court order unless the court decides it’s a serious matter with an unavoidable time limit.  Where an emergency application is considered to be required, relevant legal advice must be sought.

Power of Entry

The Police can gain entry to a property if they have information that a person inside the property was ill or injured with the purpose of saving life and limb. This is a power under Section 17 of the Police and Criminal Evidence Act 1984.

Inherent Jurisdiction

There have been cases where the Courts have exercised what is called the ‘inherent jurisdiction’ to provide a remedy where it has been persuaded that is necessary, just and proportionate to do so, even though the person concerned has mental capacity. See also Mental Capacity chapter

In some cases of self-neglect, there may be evidence of some undue influence from others who are preventing public authorities and agencies from engaging with the person concerned and thus preventing the person from addressing issues around self-neglect and their environment in a positive way.

Where there is evidence that someone who has capacity is not necessarily in a position to exercise their free will due to undue influence, then it may be possible to obtain orders by way of injunctive relief that can remove those barriers to effective working. Where the person concerned has permitted another reside with them and that person is causing or contributing to the failure of the person to care for themselves or their environment, it may be possible to obtain an Order for their removal or restriction of their behaviours towards the person concerned.

In all such cases legal advice should be sought.

 Animal welfare

The Animal Welfare Act 2006 can be used in cases of animal mistreatment or neglect. The Act makes it against the law to be cruel to an animal and the owner must ensure the welfare needs of the animal are met. Powers range from providing education to the owner, improvement notices, and fines through to imprisonment. The powers are usually enforced by the RSPA, Environmental Health or DEFRA.

Fire

The Fire and Rescue Service pathway states that if 3 or more of these factors are present a request / referral for a safe and well check should be made.

Age	Behaviours	Vulnerabilities
Occupiers over 65	·  Smoking ·  Smokes where sleeps ·  Clutter/Hoarding level 4 and over ·  Previous fires/burn marks ·  Alcohol and Substance Misuse ·  Emollients and paraffin based creams	·     Lives Alone ·     Restricted Mobility ·     Immobile ·     Sensory Impairments

 6. Mental Capacity and Self Neglect

The Mental Capacity Act 2005 provides a statutory framework for people who lack capacity to make decisions for themselves. The Act has 5 statutory principles and these are the values which underpin the legal requirements of the act. They are:

• A person must be assumed to have capacity unless it is established that they lack capacity;
• A person is not to be treated as unable to decide unless all practical steps have been taken without success;
• A person is not to be treated as unable to decide merely because they make an unwise decision;
• An act done or decision made, under the Act on behalf of a person who lacks capacity must be done, or made, in their best interests;
• Before the act is done or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

Where a person’s self-neglecting behaviour poses a serious risk to their health and safety, intervention will be required. With the exception of statutory requirements, any intervention or action proposed must be with the person’s consent. In extreme cases of self-neglecting behaviour the very nature of the environment should lead professionals to question with the person has capacity to consent to the proposed action or intervention and trigger a capacity assessment.

This is confirmed by the Mental Capacity Act Code of Practice, which states that one of the reasons why people may question a person’s capacity to make a specific decision is “the person’s behaviour or circumstances cause doubt as to whether they have capacity to make a decision” (4.35 MCA Code of Practice). Consideration must be given where there is dialogue or situations that suggest a person’s capacity to make decision with regard to their place of residence or care provision may be in doubt.

Any capacity assessment carried out in relation to self-neglecting behaviour must be time specific and relate to a specific intervention or action. The professional responsible for undertaking the capacity assessment will be the person who is proposing the specific intervention or action and is referred to as the ‘decision-maker’. Although the decision maker may need to seek support from other professionals in the multi-disciplinary team, they are responsible for making the final decision about a person’s capacity.

If the person lacks capacity to consent to the specific action or intervention, then the decision maker must demonstrate that they have met the requirements of the best-interests “checklist”. Due to the complexity of such cases, multi-agency meetings to coordinate assessments may be required. Where the person denies access to professionals the person who has developed a rapport with the person self-neglecting will need to be supported by the relevant agencies to conduct capacity assessments.

In particularly challenging and complex cases, it may be necessary for the local authority to refer to the Court of Protection to make the best interests decision. Any referral to the Court of Protection should be discussed with legal services and the relevant service manager.

6.1 What is the difference between competency and capacity and why is this important when working with people who self-neglect?

Competency: To be competent means that the overall function of the brain is working effectively to enable a person to make choices, decisions and carry out functions. Often the mini mental state test is used to assess competency. In many people who have, for example, Dementia, Parkinson’s Disease or Huntington’s Disease, the first aspect of brain function affected is the executive function and unfortunately this is not tested very effectively using the mini mental state test.

Effective Function: The executive function of the brain is a set of cognitive or understanding/processing skills that are needed to plan, order, construct and monitor information to set goals or tasks. Executive function deficits can lead to problems in safety, routine behaviours. The executive functions are in the first to be affected when someone has, for example, dementia. See also Executive Functioning Grab Sheet.

Capacity: Capacity is decision making ability and a person may have quite a lack of competency but be able to make a specific decision. The decision making ability means that a person must be able to link the functional demands, the ability to undertake tasks, the ability to weigh up the risks and the ability to process the information and maintain the information to make the decision. In some way, shape or form, the person has to be able to let the person assessing them know that they are doing this. Many competent people make what others would consider to be bad decisions but are not prevented from taking risks and making bad decisions. This is not a sign that a person lacks capacity to make the decision, just that they have weighed everything up, considered the factors and determined that for them this would be what they wanted. The main issue in the evaluation of decision-making capacity is the process of making the decision, and not the decision itself.

This is important because the mental capacity assessment uses two tests. The first is called the functional test and this involves looking at whether the adult can make the decision in question. Adults should be provided with practical support to help them make decisions. If you are concerned about an adults’ ability to make decisions because either they cannot:

• understand information about the decision to be made; or
• retain that information in their mind;
• or weigh up that information as part of the decision making process:
• or communicate their decision by talking, using sign language or any other means)

Then they will be considered not able to make a decision. There only needs to be evidence in one of these areas, not all of them. If the assessment finds that the adult cannot make the decision in question, even with support, then Stage 2 should be considered.

The second part of a mental capacity assessment requires evidence to show that the person’s inability to make a decision is because of an impairment of their mind or brain. Examples include, conditions associated with some types of mental illness, dementia, significant learning difficulties, long term brain damage and the effects of drugs and alcohol. If the adult does not have such an impairment or disturbance of the mind or brain, they will not lack capacity under the Mental Capacity Act.

Decisions should not be broad decisions about care, services or treatment, they should be specific to a course of action. If a practitioner requires the consent, agreement, signature or understanding of the individual, then they should determine the capacity of the person to consent to that action using the assessment process defined in the Mental Capacity Act 2005. This may be for tenancy, individual treatment options, aspects of care offered, equipment required, access to services, information sharing or any intervention. If you understand the course of action being proposed and offered to the person, then you will be the person required to assess the individual’s the person, all agencies are responsible for developing questions for that agency to ask to determine their capacity as well as is practicably possible.

For more information, and a mental capacity assessment template, see Mental Capacity.

6.2 Practice examples

Housing: The Housing Officer will need to conduct and record a capacity assessment, where there is doubt about the person’s ability to provide consent. If the person is deemed to lack capacity to make that decision a ‘Best Interest’ decision must be made. A third party cannot sign a tenancy agreement on behalf of another person unless they have a Court Appointed Deputyship or a Lasting Power of Attorney that specified such actions under ‘finance’.

Health: If a health professional is proposing a course of treatment, medication or intervention, they understand the intervention proposed, therefore, they are the person to determine whether the person self-neglecting understands the intervention. If the health professional doubts the person’s ability to understand they must conduct (and record) a capacity assessment. If the person is deemed to lack capacity to make that decision a ‘Best Interest’ decision must be made. A third party cannot give consent on behalf of another person unless they have Court Appointed Deputyship or a Lasting Power of Attorney that specifies such actions under ‘welfare’.

Occupational Therapy: The Occupational Therapist (OT) understands the rehabilitative process/equipment required by the person to meet their needs. If the person does not appear to understand then the OT must assess the person’s capacity to decide about the proposed equipment.

6.4 Examples of what to ask when assessing capacity

6.4.1 The legal test

Section 2(1) Mental Capacity Act 2005 “A person lacks capacity in relation to a matter if, at the material time, he is unable to make a decision for himself in relation to that matter because of an impairment of, or disturbance in the functioning of, the mind or brain”.

6.4.2 Applying the test

To apply the test if can be broken down into 3 questions:

1. Is the person able to decide about where to live?
2. Is there an impairment or disturbance in the functioning of the person’s mind or brain?  If so,
3. Is the person’s inability to make the decision because of the identified impairment or disturbance?

Think about:

• What areas does the person need support with?
• What sort of support do they need?
• Who will be providing the support?
• What would happen if they did not have any support or refused it?
• That carers might not treat them properly and that they can complain if they are not happy about their care.

A person is unable to decide on residence if they are unable to:

• Understand the information relevant to the decision; or
• Retain that information; or
• Use or weight that information as part of the process of making the decision; or
• Communicate  their decision (by any means).

See also Mental Capacity chapter.

If you require further information on the Mental Capacity Act please book on the multi-agency training course: Safeguarding training – South Tyneside Council.

7. Pathway for Self Neglect

View the Pathway for Self Neglect

8. When does a Section 42 (Safeguarding) Enquiry Occur?

In most safeguarding issues, the Care Act 2014 (Section 42) requires that each local authority must make enquiries, or cause others to do so, if it believes an adult is experiencing, or is at risk of, abuse or neglect. This enquiry should establish whether any action needs to be taken to prevent or stop abuse or neglect, and if so, by whom.

Cases of self-neglect may not prompt a Section 42 enquiry. We invariably judge these on a case by case basis. Whether or not a response is required will depend on the adult’s ability to protect themselves by controlling their own behaviour. There may come a point when they are no longer able to do this, without external support.

It is key to establish a trusting relationship with a person who is engaging in self-neglect because restricting their autonomy can be harmful.

What professionals think an adult who self-neglects might hope and fear when they arrive in their lives:

I Hope that…
“They will listen to me”	“They will provide support”		“They will be respectful”		“They will leave me alone”		“They will help me”
“They will sort my problems out”		“They will be sensitive and understanding”				“They will see me as a person”
“They won’t disappear or change too frequently if I’ve got to know them”				“They will manage my health and care needs”

I Fear That …
“I will lose my independence”	“They will make me do things”	“They will take my things away”	“They will put me in a home”	“There will be repercussions which I will not like”
“I will lose control of my life”	“I will lose my identity”	“I will be arrested or prosecuted”	“I will lose my home”	“They will judge me”
“They will make me feel distressed, upset and anxious”		“They will evict me and I will be homeless”

Safeguarding duties apply to:

• Any adult who has care and support needs (whether or not the local authority is meeting any of those needs); and
• Is experiencing, or at risk of abuse and neglect (including self-neglect); and
• As a result of those care and support needs is unable to protect themselves from either the risk or, or the experience of, abuse and neglect

The duties apply equally whether a person lacks mental capacity or not. So, while an individual’s wishes and feelings are central to their care and support, agencies must share information with the local authority for initial enquiries to take place.

Enquiries may take place even when the person has mental capacity and does not wish information to be shared, to ensure abuse and neglect is not affecting others, that a crime has not been committed, or that the person is making an autonomous decision and is not being coerced or harassed into that decision. Safeguarding duties have a legal effect in relation to many organisations and the local authority may request organisations to make further enquiries on their behalf.

Better Safe Than Sorry

The Care and Support Statutory Guidance identified that not all cases of self-neglect need to go to Section 42 enquiry – perhaps the situation is not impacting on the person’s wellbeing, does not impact on others, or is not a result of abuse or neglect.

It could be argued that someone self-neglecting is not going to share intimate details of themselves straight away. It can take time to develop trust and unless further enquiries are made (often requiring a multi-agency response to information gathering and capacity assessments) we may be leaving someone vulnerable, and making assumptions that cannot be justified later.

The purpose of a safeguarding enquiry (Section 42) is initially for the local authority to clarify matters and then decide on the course of action to:

• Prevent abuse and neglect from occurring
• Reduce the risk of abuse and neglect
• Safeguard in a way that promotes physical and mental wellbeing
• Promote choice, autonomy and control of decision making
• Consider the individual’s wishes, expectations, values and outcomes
• Consider the risk to others
• Consider any potential crime
• Consider any issues of public interest
• Provide information, support and guidance to individual and organisations
• Ensure the people can recognise abuse and neglect and then raise a concern
• Prevent abuse/neglect from reoccurring
• Fill in the gaps in knowledge
• Coordinate approaches
• Ensure that preventative measures are in place
• Coordinate multi-agency assessments and responses

These responsibilities apply to people who hoard/self-neglect and whose health and wellbeing are at risk as a result. People may not engage with professionals or be aware of the extent of their self-neglect.

For social workers and health professionals, this provides a significant challenge in developing relationships that empower the individual, or safety plans based upon what makes a person feel safe and well cared for, yet respect autonomous decision making, while juggling other duties and responsibilities.

It is important to explore with the person their history; listen to the way they talk about their life, difficulties and strategies for self-protection.

By doing this social workers can begin assessing why the person self-neglects and offer support in replacing attachment to objects with interaction and relationships with people and the community. Distress may lead people to seek comfort in having possessions; when faced with isolation they may seek proximity to things they’re attached to and when faced with chaos may seek to preserve predictability.Early relationships can have quite an effect on how a person perceives the world and may not recognise their self-neglect and may even find comfort in the situation. Deep-seated emotional issues, which have evolved as coping strategies cannot be undone in an instant.

Trauma Informed Practice should be considered.

9. Top Tips

9.1 Myth busting

Myth	Fact
Self-neglect is about hoarders	Self-neglect includes lots of other factors, such as not managing personal care or medication, not paying bills or eating properly. Many people who hoard don’t self-neglect at all.
We (social worker, nurse, psychologist, occupational therapist, mental health team etc) can wave a magic wand.	We can help but the person needs to engage with what is offered.
Medication and therapy can provide a quick solution.	Improving wellbeing, quality of life or neglectful behaviour can take a long time.
Safeguarding will sort everything out (an easy referral can keep this person safe).	It’s a team effort. It requires a multi-agency approach to work with complex cases.
If a safeguarding referral is made, the social worker can enter a person’s home and remove self-neglecting people from their property.	Social workers are unable to remove someone from their property without consent or a court order or legally prescribed process.
People can be forced to engage in personal care tasks and have support from care agencies. Staff can ‘just do it’ for the person and fix the problem.	A person has to consent to personal care being undertaken. If someone has mental capacity they have the right to make unwise decisions.
f a person refuses help, such as with de-cluttering or cleaning, we can force them to accept it.	It is all about negotiation and understanding why they are saying no, and an attempt to reach a shared goal so some support can be delivered and the risk reduced.
Social workers can over-ride someone’s decision when they have mental capacity.	They cannot, nobody can.
Social workers have powers of surveillance.	They don’t.
Only doctors can assess mental capacity.	A range of people can assess capacity, depending on how well they know the person and what the decision is that needs to be made.
Self-neglecting people are lazy and it’s a ‘lifestyle choice’.	Situations can be very complex, and it may be choice in some elements of the adult situation, but not all.

9.2 Effective engagement

Ask the person to tell you a story about them or their past

Take note of objects around them, such as photographs and jewellery and engage in conversations about specific items

Ask them what helps when things get difficult

Find out information about the person’s past, and how this may trigger their behaviour in the present

Have an open and honest conversation and ensure their response has been acknowledged

Body language – don’t look shocked or uncomfortable, be open and positive, be mindful of your facial expression

Ask what their current concerns are

Ensure you display empathy

Consider how you would speak to the person if they were your friend

Look into the person’s support networks, including friends and family. Find out about any interests they have, or have had previously

Ask them what they would like to accomplish in the future

Go at the person’s own pace

Find out what the individual wants help with, this may not be related to their self-neglect

Be clear about what can happen

Encourage a deeper conversation, for example ‘what are the things working well in your life?’

Ask them what you can work on together to achieve what they want from their life

Set milestones, keeping them small and timely, for example ‘what hopes do you have for the coming week?’

Ensure you are in a location where the  person feels comfortable to talk, which may not always be at home initially

Offer an understanding statement, for example ‘I understand that the problem with your neighbours is really affecting you’

Write down some key points before entering the conversation

Identify the strengths in the person that you might highlight in your conversation and how some ideas on how they might draw on those strengths

Appreciate their circumstances and tell them you want to learn about them, such as asking about their strengths, abilities and preferences.

9.3 Professional curiosity

• Offer to make a cup of tea, whilst doing so, see if there is enough food in the cupboards and fridge.
• Ask to see where they sleep; is it easy to access? Are the sleeping arrangements appropriate for that person?
• Ask if they feel safe living where they are. If they say ‘no’, explore why.
• Find out how they keep themselves warm. Discuss heating arrangements.
• Give the person time to answer the question. Allowing for silence when they are thinking.
• Never make assumptions without talking to the individual or fully exploring the case.
• Use your communication skills, review records, record accurately, check facts and feedback to the people you are working with and for.
• Focus on the need, voice and the lived experience of the person.
• Listen to people who speak on behalf of the person and who have important knowledge about them.
• Speak your observations such as ‘I’ve noticed you’ve lost weight, have you been feeling unwell’?
• Pay as much attention to how people look and behave as to what they say.
• Build the foundation with the person before asking more personal and difficult questions.
• Ask ‘How are you coping at the moment?’ ‘What helps when you are not feeling your best?’
• Explore the person’s concerns. Don’t be afraid of asking why they feel a certain way.
• Put together the information you receive and weigh up details from a range of sources and/or practitioners.
• Ask yourself ‘How confident am I that I have sufficient information to base my judgements on?’
• Question smoking habits, and consider fire risk at the same time, such as ‘Where in the property do you smoke the most?’ ‘Is it in bed or the living room?
• Speak to the person about medications. Ask if they are taking medication and how they find it. Do they have side effects, are they taking it consistently?
• Ask who visits and how long it has been since they had a visitor.
• Ask if they are in any pain, and what they are doing to manage the pain?
• Ensure the person feels listened to and valued. When ending the conversation, thank them for sharing with you.

See also Professional Curiosity chapter.

10. Further Resources

Care Act 2014 Section 42 – Enquiry by Local Authority

Care Act 2014 Section 47 – Protecting Property of Adults

Ten Top Tips when Working with Adults who Hoard (Community Care)

Audio & Quick Read Summary

1. Introduction – What is Modern Slavery?

Modern slavery is a serious and often hidden crime where people are exploited by criminals, usually for profit. It includes trafficking, slavery / servitude and forced labour.

In all types of modern slavery a victim is, or is intended to be, used or exploited for someone else’s gain, with no respect for their human rights. Criminals involved in modern slavery can be people who are working alone, those running small businesses or part of a wider organised crime network.

Adult victims are usually coerced or forced into modern slavery by use of threats, force, deception or by someone abusing their position of power over the victim. However, vulnerable adults (and children) cannot give their informed consent to be in such a position and therefore exploitation, even without any type of coercion, could still be modern slavery.

The scale of modern slavery in the UK is significant. Modern slavery crimes are being committed throughout the country and there have been increases in the numbers of victims identified every year. In 2023, the Home Office received 8,622 reports of adult potential victims via the Duty to Refer process; a further 4,929 reports of adult potential victims were reported through the Duty to Refer (DtN) process (see Section 5, National Referral Mechanism and the Duty to Refer). Adults who consented to a referral for support through the Duty to Refer process were most commonly from Albania, Vietnam or Eritrea.

Modern slavery can be difficult to spot and often goes unreported. Staff working in social care, health, local authorities and any other role which comes into contact with the public could potentially see signs of modern slavery. Staff should be trained to:

• understand the signs and indicators of modern slavery;
• know how to take appropriate action; and
• provide victims with protection and support, based upon their individual needs. It is essential that professionals recognise that those who were previously victims of survivors of modern slavery (known as survivors) may be at risk of re-trafficking and further harm and take action to prevent this. This is because they may be found by their previous exploiters or coerced by new exploiters.

Multi-agency working is vital to ensure that victims are identified, protected and safeguarded.

Modern slavery is an adult safeguarding concern, and the local authority has legal duties to provide support to suspected or known victims. Under the Modern Slavery Act 2015, all modern slavery offences are punishable by a maximum sentence of life imprisonment. For modern slavery concerns regarding children please see the Safeguarding Children Procedures.

2. Types of Modern Slavery

Modern slavery includes the following:

1. human trafficking;
2. slavery / servitude and forced or compulsory labour.

2.1 Human trafficking

Human trafficking is where a victim is forced or deceived into a situation where they are then exploited. It involves the movement of people for exploitation, and can occur across international borders or within in a country.

The Council of Europe Convention on Action against Trafficking in Human Beings defines ‘human trafficking’ as:

“the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”

Human trafficking involves three basic elements;

1. action;
2. means; and
3. purpose of exploitation.

It should be seen as involving a number of actions which are all connected, rather than a single act at a particular point, as shown in the table below:

Elements of human trafficking in adults	What this means
Action	recruitment, transportation, transfer, harbouring or receipt, which includes an element of movement whether national or cross-border;
Means	threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability;
Exploitation	for example, sexual exploitation, forced labour or domestic servitude, slavery, financial exploitation, removal of organs.

(taken from Modern slavery statutory guidance: how to identify and support victims, Home Office)

To be considered as human trafficking, a victim must be trafficked for purposes of exploitation. This can be:

• sexual exploitation: in most cases of human trafficking for sexual exploitation purposes, victims will be female, but there are also male victims. Rape and violence are common, and victims are often tricked and given false promises of good jobs and economic opportunities.
• forced or compulsory labour: victims have to work for little or no pay, and their employers will not let them leave or find another job. If they are foreign nationals, their passports may be taken by their exploiters so they cannot return home. They may also be forced to live in terrible conditions. Forced labour can take place in any sector of the labour market, including manufacturing, food preparation and processing, agriculture, nail bars and hand car washes.
• forced criminality / criminal exploitation: victims are forced to commit illegal activities, including pick pocketing, shoplifting, begging, growing and cultivating cannabis, being exploited across different areas of the country known as ‘county lines’, benefit fraud, sham marriage and other crimes. The Modern Slavery Act states that victims who have been forced into criminality should not be prosecuted.
• removal of organs: victims are trafficked for their internal organs (typically kidneys or the liver) to be taken (‘harvested’) to be transplanted in other people (who usually pay for the new organs).
• domestic servitude: victims work in a household where they may be ill-treated, humiliated, made to work long and tiring hours, forced to work and live in very difficult conditions or forced to work for little or no pay. Victims of forced marriage can also be victims of domestic servitude.

2.2 Slavery, servitude and forced or compulsory labour

As well as trafficking, modern slavery also covers cases of slavery, servitude and forced or compulsory labour. Some people may not be victims of human trafficking (because they are not moved from one area to the other for the purposes of exploitation) but they can still be victims of modern slavery.

Slavery, servitude and forced labour are illegal in the UK.

For a person to be a victim of slavery, servitude or forced labour there must have been?

• the means (being held, either physically or through threat – for example, threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability);
• a service (a person has to have provided a service for the benefit of others – for example, begging, sexual services, manual labour, domestic service).

3. Identifying Victims

It can be difficult to identify victims of modern slavery; they are often reluctant to come forward, may not recognise themselves as victims or, because they are scared, they may tell their stories with obvious mistakes or leave some information out.

Some adults are more vulnerable to becoming victims of modern slavery, including:

• young men and women;
• pregnant women;
• former victims of modern slavery (including people who do not consent to the National Referral System (see Section 5) who may be at risk of being re-trafficked;
• people who are homeless or who are at risk of becoming homeless;
• people with drug and alcohol issues;
• people who have learning difficulties, disabilities, communication difficulties, chronic developmental or mental health disorders or other health issues;
• people who have experienced abuse before;
• people in deprived / poor areas where there are few job opportunities are more likely to be recruited by traffickers, pretending to be recruitment agencies / genuine employers;
• people struggling with debt;
• people who have lost family or suffered family breakdown or have limited support networks;
• people with criminal records who employers may not want to take on;
• illegal immigrants who are not allowed to work and therefore do not have an income;
• older people who are lonely and do not have much money;
• people who speak no or very little English and / or cannot read or write in their own language;
• overseas domestic workers.

3.1 Signs to look out for

Victims of modern slavery can be found anywhere. However, there are certain industries where they are more likely to be found such as nail bars, hand car washes, food preparation / processing factories, domestic service, farming and fishing, building sites and the sex industry.

The Modern Slavery statutory guidance (Home Office) provides the following indicators:

3.1.1 General Indicators

Victims may:
Believe that they must work against their will	Have false identity or travel documents for example a passport (or none at all)
Be unable to leave their work or home environment	Be found in or connected to a type of location or venue likely to be used for exploiting people
Show signs that their movements are being controlled / feel that they cannot leave	Be unfamiliar with the local language
Be subjected to violence or threats of violence against themselves or against their family members and loved ones	Not know their home or work address
Show fear or anxiety	Allow others to speak for them when addressed directly
Have injuries that appear to be the result of an assault	Be forced, threatened or deceived into working in poor conditions
Not be allowed to have the money they have earned	Be disciplined / controlled through punishment
Be distrustful of the authorities	Receive little or no payment
Be afraid of telling anyone their immigration status	Work very long hours over long periods
Come from a place where human trafficking victims are known to come from	Live in poor or substandard accommodations
Have had the fees for their transport to the country of destination paid for by organisers of human trafficking, who they must pay back by working or providing services	Have no access to medical care
Have no or not much contact with other people	Only be allowed to have limited contact with their families or with people outside of their immediate environment
Be unable to speak freely with others	Believe that they must work until they have paid off the debt they are told they owe
Be dependent on their ‘bosses’ / facilitators	Have believe the false promises of their bosses / facilitators.

3.1.2 Physical indicators

• Physical injuries – with no clear explanation as to how or when they got the injuries or which are either not treated or only partly treated, or there may be lots of / unusual scars or broken bones which have healed.
• Work related injuries – often through having poor or no personal protective equipment and health and safety arrangements.
• Physical consequences of living in captivity, neglect or poor environmental conditions – for example, infections including tuberculosis (TB), chest infections or skin infections, malnutrition and vitamin deficiencies or anaemia.
• Dental problems – from physical abuse and / or not being able to see a dentist.
• Worsening of existing long term medical conditions – these may be untreated (or poorly treated) conditions such as diabetes or high blood pressure.
• Being disfigured – cutting, burning, or branding someone’s skin may be used as punishment or a way to show that an exploiter ‘owns’ the person.
• Pain after a surgical operation – infection or scarring from organ harvesting, particularly of a kidney. Please note, under the Human Tissue Act 2004 (Supply of Information about Transplants) Regulations 2024, relevant clinicians in England, Wales and Northern Ireland must report any suspicions that an organ transplant-related offence has taken place to the Human Tissue Authority.

3.1.3 Psychological indicators

• Expression – they may seem in fear or anxious.
• Depression – they may have a lack of interest in getting involved in activities, in socialising with other people or appear to feel hopelessness.
• Attachment and identity issues – they can become detached from other people or become over-dependent (or both). This can include being dependent on their exploiters.
• Unable to control emotions – for example they may often swing between sadness, forgiveness, anger, aggression, frustration and / or emotional detachment or emotional withdrawal.
• Difficulties with relationships – they may have difficulty trusting others (either have a lack of trust or be too trusting) which causes difficulties in their relationships and difficulties assessing warning signs in their relationships.
• Loss of independence – for example they may have difficulty in making simple decisions, tendency to give in to the views / desires of others.

 3.1.4 Situational and environmental indicators

• Exploiters keep victims’ passports or identity documents, contracts, any payslips, bank information or health records.
• They have a lack of information about their rights as a visitor in the UK or a lack of knowledge about the area in which they live in the UK.
• They act as if they are being coerced or controlled by another person.
• They may go missing for periods.
• They may be fearful and emotional about their family or dependents.
• They may have limited spoken English, for example only being able to talk about being exploited and not being able to have any other topic of conversation.
• They may be limited in where they can go (victims may not be ‘locked up’ but are not able to move around freely) or being held in isolation.
• They may have their wages withheld (including deductions from wages).
• Debt bondage – they may have to work until they have paid off a debt to the traffickers / exploiters.
• They may have abusive working and / or living conditions, including having to work a lot of overtime.

3.2 Impact on Victims

Victims of modern slavery are forced, threatened or deceived into situations of humiliation and being under the control of their exploiters, which undermines their personal identity and sense of self. The impact of these experiences can be devastating.

It is important for all professionals to understand the specific vulnerability of victims of modern slavery and use practical, trauma-informed methods of working which are based upon basic principles of dignity, compassion and respect and which recognise the impact of trauma on the emotional, psychological and social wellbeing of people.

Victim’s voices must always be heard, and their rights respected.

4. Reporting Concerns

4.1 Taking action

Any worker who has concerns about someone who they think may be a victim of modern slavery should follow their organisation’s safeguarding adults procedures. When responding to concerns of modern slavery, the safety, protection and support of the potential victim must be the first priority. They may need emergency medical care. Only independent interpreters should be used. Never any other adults who are with the potential victims as they may (unknown to the member of staff) be associated with the exploiters and therefore may not tell the truth about the person’s situation.

4.1.1 Immediate risk of harm

If it is suspected that someone is in immediate danger, the police should be contacted on 999.

4.1.2 No immediate risk of harm

There are a number of options that can be taken:

• the police can be contacted on 101;
• the Modern Slavery helpline can be contacted: 0800 0121 700.

4.1.3 Adult Social Care

Victims of modern slavery are often adults who are at risk of, or who are experiencing, abuse or neglect, particularly when they have been rescued from a situation of exploitation. In this instance, local authority adult social care should be informed as soon as possible to identify whether a Section 42 (safeguarding) enquiry is required. A safeguarding referral to the local authority should be made with the cooperation adult victim, taking into account their needs and wishes.

Even where an adult has been removed from a harmful situation, they can be at risk of re-victimisation. Even if there is no immediate risk relating to safety or the person’s welfare, it is important to discuss any concerns with your designated safeguarding adults lead or the local authority safeguarding adults team and follow local safeguarding adults policies and procedures.

4.2 Seeking advice

You can seek advice on what action to take from your designated safeguarding adults lead, the local authority safeguarding adults team, the police public protection unit (contactable via the Northumbria Police switchboard) or the Modern Slavery Helpline.

5. National Referral Mechanism and the Duty to Refer

For further guidance and the online referral forms see:

• Modern Slavery Victims: Referral and Assessment Forms  (gov.uk)

The National Referral Mechanism (NRM) provides a framework for identifying and referring potential modern slavery victims and ensuring they receive appropriate support.

Support for adult victims may include:

• access to legal aid for immigration advice;
• access to short-term Government-funded support through the Modern Slavery Victim Care Contract (accommodation, material assistance, translation and interpretation services, counselling, advice, etc.);
• outreach support if already in local authority accommodation or asylum accommodation;
• assistance to return to their home country if not a UK national.

5.1 Referral or Duty to Notify

An online referral system is used for making referrals into the NRM and also for Duty to Notify (DtN) referrals.

Referrals into the NRM can only be made by staff who work for designated ‘first responder’ organisations (see Appendix 1).

Whether a DtN referral or referral into the NRM is made depends on obtaining the consent of the adult victim.

For an adult to be referred to the NRM, they must provide informed consent. This means they should understand what the NRM is, what support it can provide, and what the possible outcomes are if they are referred.

It should be presumed that an individual has the mental capacity to make a decision about whether to consent to entering the NRM.

When there may be concern about a person’s mental capacity to make a decision about whether or not to consent to entering the NRM, steps should be taken to try to support them to make the decision. Where a person does not have the capacity to consent, a best interests decision should be taken. Before a decision is taken in the best interests of an individual, it is vital to consult with any other agencies involved in the care and support of the individual. See Mental Capacity chapter.

If the adult does not consent to a NRM referral, a DtN referral should always still be made, using the online form.

5.2 Support for potential victims who do not consent

Adult potential victims who choose not to enter the NRM may still be eligible for other state support. They may still be:

• at immediate risk of harm, in which case the police should be contacted by calling 999;
• eligible for housing support through the local authority or for other support from the government where they have recourse to public funds;
• entitled to make a claim for asylum or another type of immigration status or stay in asylum support if they have an active claim (where the person does not have the right to reside in the UK);
• able to receive emergency medical care;
• at risk of further exploitation, see Section 4.1.3, Adult Social Care.

Appendix 1 – NRM First Responder Organisations and Responsibilities

In England and Wales, a ‘first responder organisation’ is an authority that is authorised to refer a potential victim of modern slavery into the National Referral Mechanism. The current statutory and non-statutory first responder organisations are:

• police forces;
• certain parts of the Home Office; UK Visas and Immigration, Border Force, Immigration Enforcement and National Crime Agency;
• local authorities;
• Gangmasters and Labour Abuse Authority (GLAA);
• Salvation Army;
• Migrant Help;
• Medaille Trust;
• Kalayaan;
• Barnardo’s;
• Unseen;
• NSPCC (CTAC);
• BAWSO;
• New Pathways;
• Refugee Council.

First responder organisations have the following responsibilities – it is for the organisation to decide how it will discharge these responsibilities:

• identify potential victims of modern slavery and recognise the indicators of modern slavery;
• gather information in order to understand what has happened to victims;
• refer victims into the NRM via the online process (in England and Wales this includes notifying the Home Office if an adult victim doesn’t consent to being referred – DtN);
• provide a point of contact for the competent authority to assist with the Reasonable and Conclusive Grounds decisions and to request a reconsideration where a first responder believes it is appropriate to do so.

1. Introduction

This includes theft, fraud, internet scamming, coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits. The potential impact of financial abuse should not be underestimated. It could significantly threaten an adult’s health and wellbeing.

According to the Office of the Public Guardian financial abuse is the most common form of abuse. Financial abuse can occur in isolation, but where there are also other forms of abuse, it is also likely to be a feature.

2. Indicators of Financial Abuse

Potential indicators of financial abuse include:

• change in living conditions;
• lack of heating, clothing or food;
• inability to pay bills/unexplained shortage of money;
• unexplained withdrawals from an account;
• unexplained loss/misplacement of financial documents;
• the recent addition of authorised signatories on a client or donor’s signature card; or
• sudden or unexpected changes in a will or other financial documents.

This is not an exhaustive list, nor do these examples prove that there is actual abuse occurring. However, they do indicate that a closer examination and possible investigation may be required.

Financial abuse may amount to theft or fraud which the police should investigate. It may also require attention and collaboration from a wider group of organisations, including shops and financial institutions such as banks.

Where the abuse is by someone who has the authority to manage an adult’s money, the relevant body should be informed, for example, the Office of the Public Guardian for deputies and the Department for Work and Pensions (DWP) in relation to appointees.

If there are concerns that a DWP appointee is acting incorrectly, the DWP should be contacted immediately. The DWP should inform the local authority where it is aware that the adult is already known to the authority.

3. Internet, Postal and Doorstep Scams

Internet scams, postal scams and doorstep crime are more often than not, targeted at adults and are forms of financial abuse.

These scams are becoming ever more sophisticated and elaborate. For example:

• internet scammers can build very convincing websites;
• people can be referred to a website to check the caller’s legitimacy but this may be a copy of a legitimate website;
• postal scams are mass produced letters which are made to look like personal letters or important documents;
• doorstep criminals call unannounced at the adult’s home under the guise of legitimate business and offering to fix an often non-existent problem with their property. Sometimes they pose as police officers or someone in a position of authority.

All of these scams constitute financial abuse as the adult can be persuaded to part with large sums of money and in some cases their life savings. Such scams should always be reported to the police  and local authority trading standards services for investigation. The SAB should consider how to involve local trading standards in its work.

These scams and crimes can seriously affect the health, including mental health, of an adult.

Agencies working together can better protect adults. Failure to do so can result in an increased cost to the state, especially if the adult loses their income and independence.

Where the abuse is perpetrated by someone who has the authority to manage an adult’s money, the relevant body should be informed – for example, the Office of the Public Guardian for deputies or attorneys and Department for Work and Pensions (DWP) in relation to appointees.

If there are concerns that a DWP appointee is acting incorrectly, the DWP should be contacted immediately, having the person’s National Insurance number, name and address is helpful to the DWP. But the important thing is to make DWP aware of the concern.

If DWP knows that the person is also known to the local authority, then it should also inform the relevant authority.

1. Introduction

Radicalisation is the process through which people come to hold increasingly extreme views or beliefs that support terrorist groups or activities. The most common types of terrorism in the UK are extreme right-wing terrorism and Islamist terrorism. Multi-agency working is key to supporting vulnerable adults (and children) who have been radicalised, or who are at risk of radicalisation.

For information about extremism and radicalisation of children and young people, see the South Tyneside Safeguarding Children Partnership procedures.

Extremism is defined as the promotion or advancement of an ideology or beliefs based on violence, hatred or intolerance that aims to:

1. deny or destroy the fundamental rights and freedoms of others; or
2. undermine, overturn or replace the UK’s system of democracy and democratic rights; or
3. deliberately create an environment for others to achieve the results in (1) or (2).

(See Definition of Extremism, gov.uk)

Exposure to extremism can lead to radicalisation and acts of terrorism.

2. Government Approach to Preventing and Tackling Extremism and Terrorism

The national counter-terrorism strategy, CONTEST aims to reduce risks of terrorism in the UK and overseas.

Prevent is one of the key parts of CONTEST and aims to stop people becoming terrorists or supporting terrorism; it focuses on early intervention and safeguarding. Prevent is run locally by specialist staff who understand the risks and issues in the local area and know how best to support their communities. Through working together, organisations can identify people who are at risk of radicalisation and provide them with support. The objectives of Prevent are to:

• tackle the ideological causes (the beliefs) of terrorism;
• intervene early to support people to stop them from becoming terrorists or supporting terrorism; and
• rehabilitate those who have become involved in terrorist activity.

The Prevent duty (Section 26, Counter-Terrorism and Security Act 2015 (CTSA) requires frontline staff working in specific organisations – including education, health, local authorities, police, prisons and probation – to work together to help prevent the risk of people becoming terrorists or supporting terrorism. It helps to make sure that people who are being radicalised are supported in the same way as they are under safeguarding processes.

3. Signs that an Adult is being Radicalised

Adults can be exposed to the messages of extremist groups or drawn into violence in different ways, including through family members, by direct contact with extremist groups or, most often, the internet.

Everyone is different and there is no single way of identifying who is at risk of being radicalised into terrorism or supporting terrorism. Signs that an adult is being radicalised include them:

• accessing extremist content online or downloading propaganda material;
• justifying the use of violence to solve issues / problems in society;
• altering their style of dress or appearance in line with an extremist group;
• being unwilling to engage with people who they see as different;
• using certain symbols associated with terrorist organisations.

The likelihood of an adult being radicalised is often linked to their vulnerability. Adults who are receiving care and support or protection because of their age, a disability, or because they have experienced abuse or neglect can be more vulnerable. In many cases, these factors or characteristics are relevant to how likely they are to be radicalised and to the types of early intervention support they will be offered through Prevent.

4. Taking Action – Notice, Check, Share

4.1 Notice

Staff working in frontline roles will often be the first to notice if an adult displays concerning behaviour. If staff notice behaviours that are a cause for concern, they should consider whether the adult is at risk of radicalisation.

There could be many different reasons for the behaviours, not just radicalisation. It is important to understand the context and try to find out why these changes are happening, before reaching conclusions too quickly.

4.2 Check

Concerns about radicalisation or extremism should then be checked with the designated safeguarding lead in the organisation. The Prevent lead in the local authority or local police can also be contacted for advice.

Before deciding whether to make a referral to Prevent, it is important to gather as much information as possible, to assess if the adult may be on a pathway that could lead to terrorism.

4.3 Share

See also Prevent Referral Form (opens in Word)

Where there are concerns about radicalisation and extremism, relevant information should be shared by making a referral to the police for support under Prevent, using the Prevent national referral form (see Get help for radicalisation concerns , gov.uk). Staff can make the referral themselves or it can be made by their safeguarding lead, depending on the processes in their own organisation.

People who could be referred include those who:

• are accessing extremist materials, usually online or in books, leaflets or pamphlets;
• are repeating propaganda, grievances, and conspiracies based on violence, hatred or intolerance;
• may have been witnessed traumatic events in war or conflict zones, either in person or online;
• are showing signs of being intolerant to people from different ethnic backgrounds, cultures or with other protected characteristics.

REMEMBER – in an emergency, always ring 999.

5. Action Following a Prevent Referral

Once a referral is submitted to the local Prevent team, specialist police staff will assess it. Firstly, they will check if the adult is an immediate security threat. The police will then check if there is a risk of radicalisation which means that the adult should be discussed at the local Channel panel to see if they are eligible for support through Prevent. This is called a ‘gateway assessment’. Referrals into Channel are made by the Police. If the adult needs other support, this should continue unless there is a good reason not to do so.

Channel panels are chaired by the local authority, and attended by multi-agency partners such as police, education professionals, health services, housing and social services. They meet to discuss the referral, assess the risk, and, if appropriate, agree a package of support specific to the individual adult. Channel is a voluntary process, and the adult must give their consent before they receive support.

5.1 Mental capacity to consent to Channel

If there are concerns that the adult may not have mental capacity to consent to Channel support, a mental capacity assessment should be arranged (see Mental Capacity chapter).

If the assessment finds that the adult does not have mental capacity to make their own decision, any decision to consent to the Channel process which is made for the adult by other people must be in their best interests.

5.2 Safeguarding adults concerns

Where there are also safeguarding concerns about the adult or where there are  radicalisation concerns involving a person in a position of trust, a safeguarding referral should be made to the safeguarding adults team (see also Section 6, Safeguarding).

For cases involving people in positions of trust, the chair of the Channel Panel will need to balance confidentiality with wider safeguarding concerns and should consider whether there is a need to notify relevant people (for example the person’s employer).

5.3 Types of support

The type of activities that are included in a support package will depend on risk factors, vulnerabilities, and local resources, but might include:

• religious / ideological (beliefs) support – structured sessions to understand, assess or challenge ideological, religious or fixed thinking, which must be considered for all cases;
• life skills – work on life skills or social skills, such as dealing with peer pressure;
• anger management sessions – formal or informal work dealing with issues of anger;
• cognitive / behavioural contact – cognitive behavioural therapies (CBT) and general work on their attitudes and behaviours (CBT can help identify and change negative patterns of thought and behaviour);
• positive pursuits – supervised or managed positive leisure activities;
• education skills contact – activities focused on education or training;
• careers contact – activities focused on employment;
• family support contact – activities aimed at supporting family and personal relationships, including formal parenting programmes;
• health awareness contact – work aimed at assessing or addressing any physical or mental health issues;
• housing support – to address living arrangements / accommodation provision;
• drugs and alcohol awareness – substance misuse interventions;
• mentoring – work with a suitable adult as a role model to provide personal guidance or pastoral (emotional, social and spiritual) care.

If the family or carers are identified as a protective, positive factor for the adult, they should be involved with the process, so long as the adult agrees to this. This agreement can be included on the consent form used when the adult consents to receiving support from Channel.

Where Channel is not considered suitable for the adult, alternative options will be explored, such as support from mental health services. Where the adult has not given consent or risks cannot be managed in Channel, they will be kept under review by the police.

5.4 Closing a case

Where the Channel panel decides to close a case, the adult should be told that their case is being closed and that they will no longer receive support through Channel. They should also be told that ongoing support they are receiving through mainstream services (such as the NHS, police or probation) will continue.

Identifying a lead professional at the point of the adult’s case being closed provides reassurance that they can be brought back for discussion at the panel quickly, should concerns about them re-emerge.

The panel is best placed to identify which agencies will continue to engage with the adult after their case with Channel has been closed and to identify a lead professional. Frontline practitioners involved in providing continuing support must be informed that Channel no longer has oversight of the adult’s case and advised on how to re-refer them to Prevent if there are any future concerns.

Where the family / carers have been involved, they should be informed that the adult is no longer being supported through Channel, and that while some mainstream service provision will continue beyond this point, Channel will no longer be monitoring Prevent related concerns.

6. Safeguarding

There will be times when there are concerns that an adult meets the thresholds for a safeguarding enquiry, as they have care and support needs and are at risk of, or are experiencing, abuse or neglect.

The assessment and support provided through Channel can  run alongside safeguarding processes. In this way, the Channel support will often overlap with wider safeguarding duties.

It is important that Prevent referrals are considered by the local authority and panel partners alongside their work to safeguard vulnerable adults. Where an adult is receiving care and support from adult social care, as well as support through Channel, their social worker should be present at the panel and be involved in all decisions. Channel can run alongside, but must not be replaced by, other safeguarding meetings where safeguarding thresholds have been met.

7. Information Sharing

When sharing personal data about adults at risk of radicalisation, it is important to adhere to the requirements of data protection legislation.

Data protection legislation is not intended to prevent the sharing of personal data, but to make sure that it is done lawfully and with appropriate safeguards in place. Under the Data Protection Act and UK GDPR, there must be a legal basis to share personal data. The Prevent Duty is a lawful basis on which to share data.

See also Data Protection and South Tyneside Multi Agency Information Sharing Protocol.

1. Definition of ‘Honour’ Based Abuse

So called Honour-Based Abuse is defined as:

an incident or crime involving violence, threats of violence, intimidation coercion or abuse (including psychological, physical, sexual, financial or emotional abuse) which has or may have been committed to protect or defend the honour of an individual, family and/ or community for alleged or perceived breaches of the family and/or community’s code of behaviour (Crown Prosecution Service).

It can be a collection of practices, which are used to control behaviour within families or other social groups to protect perceived cultural and religious beliefs and / or so-called ‘honour’. Such abuse can occur when perpetrators perceive that a relative has shamed the family and / or community by breaking their code of ‘honour’, known as ‘izzat’.

Victims are usually girls or women, but not exclusively so. Men may also be victims. For the purposes of this chapter, however, it refers to adult women.

So called honour based abuse is a violation of human rights; it may also be a form of domestic abuse and / or sexual abuse or sexual violence. There is no honour or justification for abusing the human rights of others, nor can there be. There is no specific offence of ‘honour’ based crime. It is an umbrella term to encompass various offences covered by existing legislation.

2. Common Triggers

Behaviour by a woman (victims are usually young women, but not exclusively) which may be deemed by her family / community as breaching their code of ‘honour’ include:

• wearing make-up or dress deemed inappropriate;
• spending time without supervision from a family member;
• being intimate with someone in public;
• having a boyfriend, including loss of virginity;
• having a relationship/s with males outside of the approved group;
• being in a same sex relationship;
• reporting domestic abuse;
• rejecting a forced marriage;
• leaving a spouse, seeking a divorce or refusing to divorce when ordered to do so by family members;
• applying for custody of children following separation or divorce;
• pregnancy outside of marriage.

Men may be targeted either by the family of a woman who they are believed to have ‘dishonoured’, in which case both parties may be at risk, or by their own family if they are believed to be homosexual.

So called honour based abuse is not a crime which is solely perpetrated by men; sometimes female relatives will support, incite or assist. It is also not unusual for younger relatives to be selected to undertake the abuse as a way to protect senior members of the family. Sometimes contract killers can be employed.

Shame may persist for a long time after the incident that was deemed to be dishonourable occurred. This may result in a new partner of a victim, their children, associates or siblings also being at risk.

3. ‘Honour’ Based Killings

‘Honour’ based abuse usually involves threats, intimidation and violence in an effort to get the victim to conform to the desired behaviour. These can escalate where deemed to be unsuccessful. On occasion, it may result in murder, which may involve premeditation, family conspiracy and a belief that the victim deserved to die.

In addition to information in Section 2, Common Triggers, incidents that may precede a killing include:

• denied access to the telephone, internet, passport, friends;
• house arrest and / or other excessive restrictions;
• pressure to go abroad;
• domestic abuse;
• threats to kill or denial of access to children.

In some circumstances a victim’s immigration status may be used to dissuade them from seeking assistance from authorities, particularly if it is dependent on their spouse.

Victims may suffer in isolation, resulting in depression and attempt suicide.

4. Responding to Concerns about ‘Honour’ Based Abuse

When dealing with potential victims of so called honour based abuse, it is essential that professionals understand the seriousness of the situation and that immediate, but discreet, action is required.

If a woman discloses that she, or someone else, is at risk of ‘honour’ based abuse, the professional should:

• speak with her in a setting that is confidential and where they cannot be overheard;
• ensure that family members are not present;
• take the disclosure seriously, and reassure her as such;
• explain the limits of confidentiality and that a referral to the police and local authority will have to be made;
• obtain sufficient information from her to make a referral to the Safeguarding Adults Team (see Local Contacts) and the Police;
• agree method/s of maintaining contact.

See Stage 1: Concerns chapter

It is the responsibility of the police to initiate and undertake a criminal investigation as appropriate. This should be made clear during multi-agency discussions, as well as the roles and responsibilities of other involved professionals.

It is essential that women who return to their families are offered support. This should include escape plans and the option to deposit their DNA, finger prints and photograph with the police.

Professionals should ensure that they make a full record of all discussions, with whom these take place and any actions taken including referrals to other agencies. They should also inform their line manager who should sign off the discussions / actions (see also Case Recording chapter).

Victims are sometimes persuaded to return to their country of origin under false pretences, where the intention may be to either stop them from contacting the authorities or to kill them. If a woman is taken abroad, the Foreign and Commonwealth Office may assist in repatriating the woman back to the UK.

Professionals must not approach the family or community leaders, share any information with them or attempt any form of mediation.

To see the guidance, click here:

1. Introduction and Definition

A forced marriage is one where one or both people do not – or in cases of people without mental capacity cannot – consent to the marriage, and pressure or abuse is used to force them to marry.

The pressure put on people to marry against their will can be:

• physical: for example threats and physical violence or sexual violence;
• emotional and psychological: for example, making someone feel like they are bringing ‘shame’ on their family
• financial: for example taking someone’s wages.

Adults who lack the mental capacity to consent to marriage do not have to be pressured or abused for the marriage to be forced.

It is also a forced marriage when a person arranges for a child to get married before they are 18, even if they are not forced or coerced into doing so. Any concerns in relation to a marriage of a child under 18 years should be shared with Children’s Social Care (see Safeguarding Children Procedures).

Forced marriage can happen to both men and women, although most cases involve women and girls between 16 to 25 years. There is no ‘typical’ victim of forced marriage. They can be over or under 18 years of age, they may have a disability and / or may have young children or spouses from overseas.

Most reported cases have been linked with South Asian countries. However, there have also been cases involving many other countries across the Middle East, Europe, Africa and North America. Forced marriages can also take place here in the UK without overseas travel. In many cases forced marriage involves a potential partner being brought into the UK from overseas or a British person being taken abroad for the forced marriage, often without them knowing that they are going to be married. Forced marriage of any person, regardless of sex, age, disability, ethnic origin or sexual orientation, is illegal in the UK (see Section 6, Forced Marriage Offences).

Forced marriage is very different to an arranged marriage, which is where families of both the woman and man take a lead in the arrangements for the marriage, but they are free to decide whether they want the marriage to go ahead or not.

2. Reasons Given for Forced Marriage

People who force others into marriage often try to justify their behaviour as ‘protecting’ their children, building stronger families and preserving so-called cultural or religious beliefs. However, the act of forcing another person into marriage can never be justified on religious grounds: every major faith condemns the practice of forced marriage.

Some of the key motives given for forced marriage are:

• to try to control someone’s sexuality (including alleged promiscuity, or being lesbian, gay, bisexual or transgender) – particularly the behaviour and sexuality of women;
• to try to control someone’s behaviour, for example, drinking alcohol or taking drugs, wearing make-up or behaving in what is seen to be a ‘westernised manner’;
• preventing what is seen as unsuitable relationships, for example outside the ethnic, cultural, religious, class or caste group;
• protecting ‘family honour’ (known as ‘izzat’, ‘ghairat’, ‘namus’ or ‘sharam);
• responding to pressure from family, friends or their community;
• attempting to strengthen family links;
• in order to gain financially or reduce poverty;
• making sure land, property and wealth remain within the family;
• protecting apparent cultural or religious ideas;
• making sure that there is someone to care for a child or adult with special needs, when parents or existing carers are unable to fulfil that role;
• to help people from overseas claim for UK residence and citizenship;
• long-standing family commitments.

3. Impact of Forced Marriage

Victims trapped in, or under the threat of, a forced marriage are often very isolated. They may feel there is nobody they can trust to keep this secret, and they have no one to speak to about their situation – some may not be able to speak English.

People who are forced to marry find it very difficult to leave the marriage, and women may be subjected to repeated rape (sometimes until they become pregnant) and domestic abuse within the marriage. In some cases, victims suffer violence and abuse from extended family members and are forced to do all the household jobs and / or are kept under virtual ‘house arrest’ and not allowed to leave the home without a family escort.

Both male and female victims may feel that running away is their only option. For many leaving the family can be very hard. They may have little experience of life outside the family and worry about losing their children and support network. Also, leaving their family (or accusing them of a crime, or asking the police or the council for help) may be seen as bringing shame on their ‘honour’ and on the ‘honour of their family’.  Those who do leave often live in fear of their own families, who may go to considerable lengths to find them and bring them back home.

Victims of forced marriage, their siblings and other family members are at risk of real harm – particularly if they are found to asked for help or are planning to leave the marriage.  Victims can face the possibility of ‘honour’-based abuse, rape, kidnap, being held against their will, threats to kill, being abducted overseas and even murder.

4. Adults with Care and Support Needs

Adults with care and support needs can be particularly vulnerable to forced marriage because they are likely to rely on their families for care, may have communication difficulties and do not have many opportunities to tell anyone outside their family about what is happening.

4.1 Supporting Victims with Learning Disabilities

The My Marriage, My Choice Toolkit includes practice guidance and tools to assist practitioners who are working with people with learning disabilities to recognise and take appropriate action when there is a risk of forced marriage

People with learning disabilities may lack the mental capacity to consent to marriage, others may have the capacity to consent, but they can be more easily tricked or coerced into marriage.

Key motives why families may force a person with learning disabilities to marry, include:

• obtaining a carer for their son / daughter;
• getting help to look after elderly parents;
• obtaining financial security for the person with a learning disability;
• believing the marriage will somehow ‘cure’ the victim’s disability;
• a belief that marriage is a ‘rite of passage’ and necessary for all young people;
• a fear that younger siblings may be seen as undesirable if older sons or daughters are not already married;
• using the marriage as the basis for sponsoring a visa, so a foreign national can live in the UK;
• the marriage being seen as the only option and that there is no alternative.

4.1.2 Assessing mental capacity

The Mental Capacity Act (MCA) provides a framework for making decisions on behalf of those who lack capacity to do so themselves. It sets out who can take decisions, in which situations, and how they should go about this.

The MCA starts from the basis that everyone has the capacity to make decisions. Where someone is found to lack capacity to make a particular decision, the Act says which other people can make those decisions on their behalf. Any decision must always be made in the best interests of the person who lacks capacity. However, there are certain decisions which can never be made on behalf of someone else, and these include the decision to marry or to have sexual relationships. Therefore someone else cannot agree to marriage, civil partnership or a sexual relationship on behalf of a person who lacks the capacity to make these decisions themselves.

It is not just those people with learning disabilities whose mental capacity can be affected. People with a brain injury, dementia, Alzheimer’s and / or mental ill health can lack capacity. If a person does not consent or lacks capacity to consent to marriage, that marriage is a forced marriage, no matter what the reason for the marriage taking place.

4.2 Action when an adult with care and support needs is at risk of forced marriage

If an adult with care and support needs tells a practitioner they are going on a family holiday overseas and they are concerned about this, or a professional has their own worries about a holiday or other signs that a forced marriage is being planned, as much information as possible should be gathered (see Appendix 1 for examples of questions to ask). The practitioner should then:

• discuss the case with the safeguarding lead in their organisation;
• contact the Forced Marriage Unit (FMU) for advice. Their expertise can help to ensure the most effective response;
• arrange a mental capacity assessment (if there are concerns about the adult’s mental capacity) to determine if the adult is able to consent to marriage. If the assessment finds that the adult lacks the mental capacity to consent to a marriage, then any marriage to that person must be viewed as a forced marriage;
• consider whether a communication specialist is needed if a person is hearing or visually impaired or has a learning disability.

Where an adult with care and support needs appears to be at risk of, or experiencing, abuse or neglect and unable to protect themselves, then a safeguarding concern must be raised so the local authority can make enquiries under Section 42 of the Care Act 2014 (see Safeguarding Enquiries Process section)

If the risk of forced marriage is immediate, emergency action to remove the adult from their home might be needed. Advice should be sought from the police and the local authority legal department.

Do NOT:

• Go directly to the person’s family, friends, or those people with influence within the community, as this will alert them to your enquiries and may place the person in further danger.
• Attempt to be a mediator or encourage mediation, reconciliation, arbitration or family counselling.

For more information see: Forced marriage and learning Disabilities: multi-agency practice guidelines (HM Government) and Information from the Forced Marriage Unit and ADASS.

5. Taking Action – Where there is a Risk of Forced Marriage or a Forced Marriage has Taken Place

The Forced Marriage Unit (FMU) is available to talk to frontline professionals handling cases of forced marriage. It also offers information and advice on the wide range of tools available to tackle forced marriage, including how the law can be used in particular cases, what assistance is available to British victims in different countries and how to approach victims.

5.1 One Chance Rule

All practitioners working with suspected or actual victims of forced marriage should be aware of the “one chance” rule. This is that they may only have one opportunity to speak to a victim and may only have one chance to save their life. If the victim leaves the meeting with the practitioner without the appropriate support and advice being offered, that one chance might have been missed.

If someone discloses that they are in or at risk of a forced marriage, it should never be dismissed as just a ‘family matter’. For many people, asking for help from an agency is a last resort and so all disclosures of forced marriage must be taken seriously.

 5.2 Best practice in all cases

• Wherever possible, see the person on their own, in a private place where the conversation cannot be overheard.
• Gather as much information as possible to establish the type and level of risk to the safety of the person. Find out whether there are any other family members at risk of forced marriage or if there is a family history of forced marriage and abuse.
• Contact the Forced Marriage Unit as soon as possible for advice, including whether a Forced Marriage Protection Order is appropriate (see Section 6.1, Forced Marriage Protection Orders).
• If the person is an adult with care and support needs, concerns should be shared with adult social care as a safeguarding referral.
• As forced marriage is a crime, it should also be reported to the police even if the adult does not have care and support needs. In an emergency call 999.
• If the person does not want to return to the family home, then a strategy for leaving should be devised and personal safety advice discussed. Research shows that leaving home is the most dangerous time for women experiencing domestic abuse and this is often the case when someone flees a forced marriage.
• A safety plan should be agreed in case they are seen, for example prepare another reason why you are meeting. Agree a code word with the victim to make sure that you are speaking to the right person.
• If the person wants to stay at the family home and has the mental capacity to make this decision, try to arrange a way of keeping in touch without placing them at risk.
• Refer the victim, with their consent, to local and national support groups with a history of working with victims of domestic abuse and forced marriage. (See the statutory guidance for details of support groups).
• Advise the victim not to travel overseas.

Do NOT:

• Send them away.
• Approach members of their family or the community – unless it involves a victim with a learning disability and you need to work alongside the family in assessing their mental capacity.
• Share information with anyone without the victim’s clear consent, unless it is in the public interest or to safeguard a child.
• Breach confidentiality – unless there is an immediate risk of serious harm or threat to the life of the victim or it is in the public interest.
• Attempt to be a mediator or immediately encourage mediation, reconciliation or family counselling.

A multi-agency response is vital.

REMEMBER – Younger siblings might be at risk of being forced to marry when they reach a similar age. Consider speaking to younger siblings to explain the risk of forced marriage and give them information about the help available. Discuss the situation with your line manager, and share information with safeguarding children services (see Safeguarding Children Procedures).

5.3 Take a victim-centred approach – listen to the victim and respect their wishes whenever possible

There may be times when someone wants to take action that places themselves at risk. If this is the case, explain all the risks and consider if a referral to the safeguarding adults team is appropriate. Discuss it with your line manager.

6. Forced Marriage Offences

The Anti-social Behaviour, Crime and Policing Act 2014 made it a criminal offence in England (Wales and Scotland) to force someone to marry.

This includes:

• taking someone overseas to force them to marry (whether or not the forced marriage actually takes place);
• doing anything to force a child to marry before their eighteenth birthday;
• being involved in the marriage of someone who lacks the mental capacity to consent to marry (whether they are pressured to or not).

Forcing someone to marry can result in a prison sentence of up to seven years.

6.1 Forced Marriage Protection Orders

Anyone threatened with forced marriage or forced to marry against their will can apply for a Forced Marriage Protection Order (FMPO). Relatives, friends, voluntary workers, police officers and local authority staff can also apply for a FMPO, see Apply for a Forced Marriage Protection Order.

The order is to protect a person from being forced to marry. The details of each order will be specific to the case, for example the court may order someone to hand over the person’s passport or reveal where they are if they cannot be found.

Breaching a FMPO can result in a prison sentence of up to five years.

7. Information Sharing and Confidentiality

See South Tyneside Multi Agency Information Sharing Agreement

To protect victims of forced marriage, practitioners may need to share information with other agencies such as the police. Issues of confidentiality and information sharing are very important for anyone threatened with, or already in, a forced marriage – as they are likely to be worried what will happen if their family finds out they have asked for help.

All professionals need to be clear therefore about when confidentiality can be promised, but also when and how information may need to be shared.

If a decision is made to disclose information to another professional, the adult should be asked to consent to this. Most people will agree if they understand why it is important and are reassured about their safety (for example that the information will not be passed to their family) and what will happen following such a disclosure.

In some situations, including to safeguard an adult or prevent a crime, information can be shared even without the person’s consent. However, where possible, the person should still be told that their information will be shared.

8. Record Keeping

See Case Recording chapter

Keeping records of forced marriage is important. These may be used in court proceedings or to assist a person (particularly women who say that they have experienced domestic abuse) in immigration cases.

Staff should keep records of all actions taken, including the reasons why particular actions were taken. There should be a recorded agreement of which agency has agreed to each proposed action, together with the outcomes of the action.

Records should:

• be accurate, detailed and clear, and include the date;
• use the person’s own words in quotation marks;
• document any injuries –.

Even if forced marriage is not disclosed, a record of the concerns may be useful in the future.

All records should be kept secure, and only accessed by staff directly involved in the case. This is particularly important for victims / potential victims of forced marriage, to make sure no one could pass on confidential information to a victim’s family.

If no further action is to be taken this should be clearly documented, together with the reasons.

Appendix 1 – Information Gathering Before an Overseas Trip

The case of AG (Welfare: FMPO), Re [2024] EWCOP 18  suggests the following questions can be helpful for practitioners to use, when they have concerns about proposed overseas travel plan.

1. Where is the adult travelling to? Find out about the destination, travel options to get there, the facilities available there (including access to medical care), accessibility and transport options.
2. What are the dates of travel?
3. Where is it proposed that the adult will stay?
4. Who will be travelling with the adult?
5. What care and support will be required during the stay and who will provide it?
6. Consider writing and / or carrying a ‘travelling letter’ which provides a brief description of the adult’s needs and any diagnosis / diagnoses, as well as details of their GP.
7. Consider whether international roaming is available (so that the adult can use their mobile phone on a foreign network) and ensure they have a travel plug adaptor and charger so any mobile phone can be charged.
8. What are the visa requirements?
9. What, if any, vaccinations are needed before travel?
10. What medication is needed? Ensure there the adult will have enough medication for the trip and possible delays.
11. How will the trip be funded?
12. Who will help the adult with their money and finances when abroad (as necessary)?
13. What travel insurance is needed? Does it cover the places that the adult will visit, the duration of the visit and any planned activities.
14. Is the adult’s passport valid? Have the emergency contact details on the back of the passport have been completed?
15. Consider any advice that has been provided by the Foreign, Commonwealth & Development Office (FCDO) regarding travel to the area.
16. Provide the adult with contact details for the nearest British embassy, high commission or consulate, or the FCDO in the UK.
17. Consider what to do if the adult goes missing abroad, including detail of how to report it to the police and how the FCDO can assist.
18. Whether advice or training on independent travel can be given to the adult before the proposed trip to maximum independence and autonomy.
19. Ascertain the wishes of the adult and all those who should be consulted regarding the trip.

 

1. What is Female Genital Mutilation (FGM?)

FGM is a procedure where the female genital organs are deliberately cut, injured or changed and there is no medical reason for this. It is often a very traumatic and violent act and can cause harm in many ways. FGM can cause immediate as well as long-term health consequences, including pain and infection, mental health problems, difficulties in childbirth and/or death (see Section 2, Consequences of Female Genital Mutilation).

The age at which FGM is carried out varies according to the community. The procedure may be carried out on newborn infants, during childhood or adolescence or just before marriage or during a woman’s first pregnancy. There is no religious reason, in the Bible or Koran for example, for FGM and religious leaders from all faiths have spoken out against the practice. The exact number of girls and women alive today who have undergone FGM is unknown; however, UNICEF estimates that over 200 million girls and women worldwide have had FGM procedures.

FGM has been classified by the World Health Organisation (WHO) into four types:

• Type 1 – Clitoridectomy: part or total removal of the clitoris (a small, sensitive and erectile part of the female genitals) and, in very rare cases, only the prepuce (the fold of skin surrounding the clitoris);
• Type 2 – Excision: removal of part or all of the clitoris and the labia minora, with or without excision of the labia majora (the labia are the ‘lips’ that surround the vagina);
• Type 3 – Infibulation: narrowing the vaginal opening by creating a covering seal. The seal is formed by cutting and repositioning the inner, or outer, labia, with or without removal of the clitoris; and
• Type 4 – Other: all other harmful procedures to the female genitals for non-medical reasons, for example pricking, piercing, incising, scraping and cauterising (burning) the genital area.

Under the Female Genital Mutilation Act 2003, FGM is a criminal offence and a form of violence against women and girls. This chapter, however, only references women. For information about FGM in relation to girls, please see the Safeguarding Children Procedures.

2. Consequences of Female Genital Mutilation

There are no health benefits to FGM. Removing and damaging healthy female genital tissue interferes with the natural functions of women’s bodies.

2.1 Immediate effects

• severe pain;
• shock;
• bleeding / haemorrhage;
• wound infections;
• difficulty urinating;
• injury to adjacent tissue;
• genital swelling;
• in some cases, death.

2.2 Long term consequences

• genital scarring;
• genital cysts and keloid (a thick) scar formation;
• re-occurring urinary tract infections and difficulties in passing urine;
• possible increased risk of blood infections such as hepatitis B and HIV;
• pain during sex, lack of pleasurable sensation and impaired sexual function;
• psychological concerns such as anxiety, flashbacks and post traumatic stress disorder;
• difficulties with menstruation (periods);
• complications in pregnancy or childbirth (including long labour, bleeding or tears during childbirth, increased risk of having a caesarean section); and
• increased risk of stillbirth and death of child during or just after birth.

Personal accounts from survivors show that FGM is an extremely traumatic experience for girls and women, the effects of which remain with them throughout their life. Young women may feel betrayed by their parents, when they are involved in the decision to have the procedure, as well as feeling regret and anger.

3. Law in England, Wales and Northern Ireland

In England (as well as Wales and Northern Ireland),  under the Female Genital Mutilation Act 2003 (‘the 2003 Act’) it:

• is illegal to carry out FGM in the UK;
• is illegal to take girls who are British nationals or permanent residents of the UK abroad for FGM, whether or not it is lawful in that country;
• is illegal to aid, assist, guide or arrange the carrying out of FGM abroad;
• has a penalty of up to 14 years in prison and / or, a fine.

3.1 Female Genital Mutilation Protection Orders (FGMPO)

A FGMPO is a civil order which can be made to protect a woman against FGM offences or protect a woman against whom a FGM offence has taken place. Breaching an order carries a penalty of up to five years in prison.

The terms of the order can be flexible, and the court can include whatever terms it thinks are necessary and appropriate to protect the woman, including to protect her from being taken abroad or to order giving up her passport so she cannot leave the country. See also: Making an Application for an FGM Protection Order (FGMPO) – Flowchart.

4. Risk Factors

The most significant factor to consider when assessing if a woman may be at risk of FGM is whether her family has a history of practising FGM. In addition, it is important to consider whether FGM is known to be practised in her community or country of origin.

As FGM is illegal and therefore not discussed openly, women who have undergone FGM may not fully understand what FGM is, what the consequences are, or that they themselves have had FGM. Discussions about FGM should therefore always be undertaken with care and sensitivity.

There are a number of other factors which could indicate a woman is at risk of being subjected to FGM.

• a woman / family believe FGM is essential in their culture or religion;
• the family mainly associates with other people from their own culture and has not mixed much with the wider UK community;
• parents have limited access to information about FGM and do not know about the harmful effects of FGM or UK law;
• a family is not engaging with professionals (health, education or other professionals).

Signs that FGM may have taken place include:

• a woman asks for help or confides in a professional that FGM has taken place;
• a woman has difficulty walking, sitting or standing or looks uncomfortable;
• a woman spends longer than normal in the bathroom or toilet due to difficulties passing urine;
• a woman has frequent urine, period or stomach problems;
• a woman does not want to have any medical examinations.

If you have concerns, do not be afraid to ask a girl or woman about FGM, using appropriate and sensitive language. Women sometimes say that professionals have avoided asking questions about FGM, and this can then lead to a breakdown in trust. If a professional does not give a woman the opportunity to talk about FGM , it can be very difficult for the woman to bring this up herself.

5. Action in Suspected Cases

FGM is illegal in England and Wales, and professionals should act if they have concerns in relation to women who may be at risk of FGM or have been affected by it.  The type of safeguarding intervention needed will depend on how immediate the risk of harm is thought to be. The most appropriate course of action should be decided on a case-by-case basis, with input from all relevant agencies. The wishes of the woman should always be respected.

Action should include:

• making sure the woman receives the care and support she needs, for example by offering referral to community groups for support, clinical intervention or other services as appropriate, such as a referral to an NHS FGM clinic;
• making enquiries about other female family members who may need to be safeguarded from harm. This includes considering the needs of any unborn child if the woman is pregnant (see Section 6, Safeguarding Other Family Members); and / or
• considering criminal investigations into the perpetrators, including those who carry out the procedure, to prosecute those who have broken the law and to protect others from harm.

5.1 When an adult has had FGM

Adult women who have had FGM should not be automatically referred to adult social care or the police. All cases must individually assessed.

Professionals should be aware that any disclosure may be the first time that a woman has ever discussed her FGM with anyone, so conversations should always be handed sensitively and the woman’s wishes respected. She should be given the time to speak, receive a non judgemental response and be offered details of local and national support groups.

5.2 Adult with care and support needs who has had or is at risk of FGM

When a woman with care and support needs is identified as having had or being at risk of FGM, adult safeguarding procedures should be followed (see the guidance in  Stage 1: Concerns). Where there is an immediate or serious risk, an urgent response may be needed, either an urgent referral to adult social care or contacting the police; a FGM Protection Order and / or an Emergency Protection Order may be necessary.

6. Safeguarding Other Family Members

Whenever a woman is identified as having had, or being at risk of, FGM professionals must consider whether she is at risk of further harm, and whether there are other girls or women in her family or wider social network who may be at risk of FGM.  Safeguarding children procedures should be followed where there are concerns in relation to children under 18 years.

7. NHS FGM Data Collection

NHS England collects the following data from NHS acute trusts, mental health trusts and GP practices:

• If a patient has had Female Genital Mutilation;
• If there is a family history of Female Genital Mutilation;
• If a Female Genital Mutilation-related procedure has been carried out on a patient.

For more information please see NHS England – FGM Female genital mutilation (FGM) – NHS (www.nhs.uk).

1. Introduction and Definition

Domestic abuse is a very common crime which remains largely hidden, despite perpetrators being able to inflict significant physical and psychological damage on their victims. Data from the Crime Survey for England and Wales estimates that 2.1 million people aged over 16 experienced domestic abuse during the year ending March 2023. The police recorded over 800,000 domestic abuse offences over the same period. On average victims’ experience 50 incidents, over a two and a half year period, before seeking support (see SafeLives), meaning it is essential that all agencies can identify and respond to concerns around domestic abuse.

1.1 Domestic abuse

The Domestic Abuse Act 2021 provides a statutory (legal) definition of domestic abuse. The definition includes children who have seen, heard, or experienced the effects of domestic abuse, and are related to either the victim of the abusive behaviour, or the perpetrator.

Domestic abuse is, the behaviour of a perpetrator towards a victim where:

1. both people are aged 16 or over and are personally connected to each other (see Section 1.2); and
2. the behaviour is abusive.

Behaviour is defined as abusive if it consists of any of the following:

• physical or sexual abuse;
• violent or threatening behaviour;
• controlling or coercive behaviour;
• economic abuse;
• psychological, emotional or other abuse.

It does not matter whether the behaviour is a single incident or consists of a number of incidents over a period of time.

Under the Act, a perpetrator’s behaviour may still be seen as behaviour towards the victim even it is directed at another person (for example children in the house).

1.2 Personally connected

Under the Domestic Abuse Act, two people are personally connected if any of the following apply:

• they are married to each other;
• they are civil partners of each other;
• they have agreed to marry one another or enter into a civil partnership (whether or not they are still planning to);
• they are or have been in an intimate personal relationship with each other;
• they each have, or there has been a time when they each had, a parental relationship in relation to the same child;
• they are relatives.

Domestic abuse can be perpetrated by family members and includes so called honour based abuse (see So Called Honour Based Abuse), female genital mutilation (see Female Genital Mutilation) and forced marriage (see Forced Marriage).  Abuse within the family also includes child to parent abuse or adolescent to parent violence / abuse (APV/A). If the child is over 16 years of age, this behaviour falls within the statutory definition of domestic abuse.

2. Types of Domestic Abuse

Domestic abuse can cover a wide range of behaviours. To be able to respond to victims, practitioners need to be able to identify different types of domestic abuse.

Domestic abuse does not have to involve physical acts of violence; it includes threatening behaviour, controlling or coercive behaviour, emotional, psychological, sexual and / or economic abuse. It can also take place online. The perpetrator’s desire to exercise power and control over the victim is at the centre of most abusive behaviours.

Domestic abuse most commonly takes place in intimate partner relationships, including same sex relationships.

Abuse can continue or get worse when a relationship ends or is in the process of ending. This can be a very dangerous time for a victim, and there may be an increased risk to their physical safety.

2.1 Physical abuse

Includes being or threatened to be:

• being, or threatened to be, kicked, punched, pushed, dragged, shoved, slapped, scratched, strangled, spat on and bitten;
• use, or threats of use, of weapons including knives and irons;
• being, or threatened to be, burned, scalded, poisoned, or drowned;
• throwing of objects;
• violence, or threats of physical abuse or violence, against family members;
• damaging or denying access to medical aids or equipment – for example a Deaf person may be prevented from communicating in sign language or may have their hearing aids removed; and
• harming someone as part of ‘caring’ duties. This is especially relevant for adults who depend on others, such as disabled and older people and can involve force feeding, over-medication, withdrawal of medicine or denying access to medical care.

2.2 Sexual abuse

Includes:

• rape and sexual assaults;
• being pressured into sex, or sexual acts, including with other people;
• being forced to take part in sexual acts because of threats to others, including children;
• ‘corrective’ rape (the practice of raping someone with the aim of ‘curing’ them of being lesbian, gay, bisexual or transgender – LGBT);
• intentional exposure to sexually transmitted infections;
• being pressurised or being tricked into having unsafe sex, including deception over the use of contraception;
• being forced to make or watch pornography; and
• hurting a victim during sex including non-fatal strangulation.

2.3 Controlling or coercive behaviour

An offence of controlling or coercive behaviour is committed when the victim and perpetrator are personally connected at the time the behaviour takes place, and:

• the behaviour has a serious effect on the victim, meaning that it has caused the victim to fear violence will be used against them on two or more occasions, or it has had a substantial adverse effect on their usual day to day activities; and
• the behaviour takes place repeatedly or continuously.

Examples of controlling or coercive behaviour include:

• controlling or monitoring the victim’s daily activities and behaviour, including making them account for their time, controlling what they can wear, what and when they can eat, when and where they may sleep;
• controlling a victim’s access to money / monitoring their bank accounts;
• isolating the victim from family, friends and professionals and intercepting messages or phone calls;
• refusing to interpret and/or hindering access to communication;
• preventing the victim from taking medication, or accessing medical equipment and assistive aids, over-medicating them, or preventing the victim from accessing health or social care (especially relevant for disabled victims or those with long-term health conditions);
• using substances to control a victim through dependency, or controlling their access to substances;
• using children to control the victim, e.g. threatening to take the children away;
• using animals to control or coerce a victim, e.g. harming or threatening to harm, or give away, pets or assistance dogs;
• threats to expose sensitive information (e.g. sexual activity or sexual orientation) or make false allegations to family members, religious or local community including via photos or the internet;
• intimidation and threats of disclosure of sexual orientation and/or gender identity to family, friends, work colleagues, community and others;
• intimidation and threats of disclosure of health status or an impairment to family, friends, work colleagues and wider community – particularly where this may carry a stigma in the community;
• threats of institutionalisation (particularly for disabled or elderly victims).

For more information on developing knowledge and skills in working with situations of coercive control see, Coercive Control (Research in Practice for Adults).

2.4 Harassment and stalking

Harassment or stalking fall within the definition of domestic abuse if the perpetrator and victim are 16 or over and ‘personally connected’ (see Section 1.2 Personally connected).

There is no legal definition of harassment, but it includes repeated, unwanted communications and contact with a victim, in a way that could be expected to cause distress or fear.

There is no legal definition of stalking either, but it includes:

• following a person;
• contacting, or attempting to contact, a person by any means;
• monitoring a person’s use of the internet, email or any other form of electronic communication;
• loitering in any place (whether public or private);
• interfering with the person’s belongings or property; and
• watching or spying on a person.

See also Stalking chapter.

2.5 Economic abuse

Economic abuse is behaviour that has a significant negative effect on a person’s ability to obtain, use or keep money or other property, or to obtain goods or services. This can include the ability to buy food or clothes or pay for transport fares or utilities like gas and electricity.

Examples include:

• controlling the family income;
• running up bills and debts in a victim’s name, including without them knowing;
• refusing to contribute to household income or costs;
• preventing a victim from claiming welfare benefits, or forcing someone to commit benefit fraud or taking a person’s benefits;
• not allowing a victim access to mobile phone / car / utilities;
• coercing the victim into signing over property or assets.

2.6 Emotional or psychological abuse

Domestic abuse often involves emotional or psychological abuse, it includes:

• manipulating a person’s anxieties or beliefs or abusing a position of trust;
• hostile behaviours or silent treatment as part of a pattern of behaviour to make the victim feel fearful;
•  being insulted, and or belittled;
• keeping a victim awake/preventing them from sleeping;
• using violence or threats towards assistance dogs and pets to intimidate the victim and cause distress, including threatening to harm the animal as well as controlling how the owner is able to care for the animal;
• threatening to harm third parties (for example family, friends or colleagues);
• persuading a victim to doubt their own mind (including ‘gaslighting’).

2.7 Verbal abuse

Verbal abuse may amount to emotional or psychological abuse, threatening behaviour, or controlling or coercive behaviour. Examples include:

• repeated yelling and shouting;
• abusive, insulting, threatening or degrading language;
• being laughed at and being made fun of; and
• discriminating against someone or mocking them about their disability, sex or gender identity, gender reassignment, religion or faith belief, sexual orientation, age or physical appearance.

2.8 Abuse using technology

Perpetrators can use technology, including social media to abuse victims. This can happen both during and after a relationship. Examples of technology-facilitated abuse include:

• placing false information about a victim on their or others’ social media;
• setting up false social media accounts in the name of the victim;
• ‘trolling’ with abusive or offensive messages through social media platforms or online forums;
• image-based abuse – for example, the creating and sharing (or threatening to share) false/digitally altered image or private sexual photographs and films with the intent to cause distress (‘revenge porn’);
• hacking into, monitoring or controlling email accounts, social media profiles and phone calls;
• blocking the victim from using their online accounts, responding in the victim’s place or creating false online accounts;
• using spyware or GPS locators on, for example, phones, computers, smart watches, cars, motorbikes and pets;
• using personal devices such as smart watches or smart home devices (such as Amazon Alexa, Google Home Hubs, etc) to monitor, control or frighten; and
• using hidden cameras.

2.9 Abuse relating to faith

Although a person’s faith can be a source of support and comfort, perpetrators of domestic abuse can use, manipulate or exploit someone’s religious beliefs. It can include:

• using the  influence of religion to manipulate and exploit a victim;
• insist on secrecy and silence;
• rape within marriage and the use of religion to justify this;
• coercion to conform through the use of sacred or religious texts / teaching;
• causing harm, isolation and / or neglect to get rid of an ‘evil force’ or ‘spirit’ that is believed to have possessed the victim; and
• requiring obedience to the perpetrator, owing to religion or faith..

See also So Called Honour Based Abuse, Female Genital Mutilation and Forced Marriage.

3. Victims and Perpetrators of Domestic Abuse

Anyone can be affected by domestic abuse, regardless of their age, sex, sexual orientation, gender identity, gender reassignment, race, religion or any disability.

There is no justification for domestic abuse. The perpetrator and others may blame the victim for causing their behaviour, but it is never their fault. Some perpetrators do not recognise that their behaviour is domestic abuse, but all perpetrators are responsible for their behaviour and should be held accountable for it.

3.1 Impact of domestic abuse

The impact of domestic abuse can be devastating. It can cause:

• repeated short-, long-term / chronic physical and mental health problems;
• miscarriage, stillbirth and other complications of pregnancy;
• long-term social difficulties;
• poor mental health such as anxiety, depression and post-traumatic stress disorder;
• isolation from family, friends and community;
• negative effect on work and possible loss of independent income.

For some, mainly women and their children, domestic abuse can result in serious injury or death.

3.2 Adults with care and support needs

Adults who are reliant on intimate partners or family members for their care and support needs can be particularly vulnerable to domestic abuse, as the perpetrator may use their caring responsibilities and power over the adult as a cover for abuse. They may therefore experience additional impacts from domestic abuse, including:

• be reluctant to use essential routine medical services or to attend services outside the home where personal care is provided;
• increased powerlessness, dependency and isolation;
• feeling that their care and support needs are to blame and being made to feel shame about their needs.

If an adult has care and support needs and is not able to safeguard themselves, any concerns practitioners have about domestic abuse should be shared with the local authority safeguarding adults team (see Stage 1: Concerns).

3.2.1 Older people

Older people can be victims of intimate partner abuse, or abuse by family members including adult children. This can include controlling or coercive behaviour, economic, emotional, psychological, sexual or physical abuse or neglect and can affect both men and women.

It is important to avoid making assumptions about a victim’s condition or health based on their age. For instance, injuries or mental health issues may be viewed as the result of a victim’s health and social care needs, without enquiries being made about domestic abuse.

Older victims can face significant barriers when asking for help or when trying to leave a relationship with a perpetrator, including:

• having experienced years of prolonged abuse;
• being isolated within a particular community through language or culture;
• having experienced long term health impacts or disabilities;
• being reliant on the perpetrator for their care or money.

Dewis Choice provides practitioner guidance on supporting older victims and responding to domestic abuse in later life.

3.2.2 Adults with disabilities

Disabled victims (which includes people with physical or sensory impairments, mental health issues, learning disabilities, neuro-diverse and / or cognitive impairments and long-term health conditions) can face additional forms of abuse where their particular vulnerabilities are exploited as part of the abuse.

In 2021, the Crime Survey for England and Wales found that people with a disability were more  twice as likely to have been victims of domestic abuse

Disabled victims may be at increased risk in relation to particular examples of abusive behaviour, either from an intimate partner, family member, or carer (who is personally connected to them), or face specific risks relating to their disability and related circumstances including: control of their medication; refusal to interpret for them if they have additional communication needs (see Interpreting, Signing and Communication Needs chapter); denial of access to health services or equipment; actions which makes the adult’s health condition worse and using their disability in other ways to control them.

Adults with vision impairments may be at greater risk of harm than a sighted person. They may be more at risk of physical abuse in terms of awareness of the threat of harm and the extent of harm caused. Furthermore, if information and services are not accessible, they may need to rely on others, such as a partner or family member, to read information for them. Disabled victims, particularly disabled young people, may experience coercive or controlling behaviours including treating them like children and denying their independence.

Disabled victims can also face multiple barriers to seeking and receiving help to escape domestic abuse, for example, accommodation and transport which is accessible if they are not very mobile or use a wheelchair and the need for assistance with personal care. These factors can impact an adult’s decision and ability to leave a relationship or to seek help. Disabled victims can be more isolated and / or have smaller support networks and may be more vulnerable to domestic abuse as a result. Disabled victims may be unable to leave or access a refuge because of poor access to safe accommodation, or because they rely on a perpetrator for care or support.

Disabled victims may have had negative experiences with services in the past which can create a feeling of distrust or impact their perception of the help that can be provided. Practitioners should speak to the victim on their own, without a carer or other family member. The relationship between carers and the adult being cared for is not covered by the definition of domestic abuse in the 2021 Act unless there is also a personal connection between them.

Deaf people may encounter specific barriers to accessing support as they might not be aware of the available support and / or professionals may not know to use appropriate communication methods. Professionals and service providers should be aware that deaf victims need specialist support services who can understand their cultural and linguistic needs. Where possible, professionals working with deaf victims should have some personal experience of deafness, as having to relive their trauma time and again with new people (for example sign language interpreters) may result in them not engaging with support that they very much need. This may also be relevant for those with a learning disability who may use an advocate or carer to support their process of talking about their experience (see Independent Advocacy chapter).

People with speech, language, and communication needs may be actively targeted by perpetrators or experience abuse for longer periods of time because of difficulties they face in explaining what has happened to them, asking for help, and accessing the support available.

3.2.3 Immigration status and migrant victims

Victims who have entered the UK from overseas may face barriers when attempting to escape domestic abuse because of their immigration status.

They may be dependent on their partner or family if they have supported them coming to the UK. They may also face greater economic impact of leaving a perpetrator if they are unable to claim benefits or access housing, or if they lose their immigration status by leaving their partner, including destitution and homelessness. See No Recourse to Public Funds and Homelessness chapters.

3.2.4 Drug and alcohol misuse

Some victims may use alcohol and drugs as a way of coping with abuse. Alcohol can also be a significant factor, with perpetrators using alcohol to control victims or being particularly abusive when under the influence of drugs and / or alcohol. Levels of of alcohol-related domestic violence are five times higher among the most disadvantaged groups compared to the least disadvantaged. Drug and alcohol use, homelessness, criminal justice system involvement and mental health are often present in the same relationships, which mean that victims face many challenges when seeking support.

3.2.5 Mental health

Mental health problems are not a cause of domestic abuse, but they can be a risk factor for perpetrators and victims. Domestic abuse can have a long-lasting effect on victims and lead to the development of long-lasting mental health problems.

Mental health support services and providers should be aware of the signs of possible domestic abuse, so they can ask adults about their experiences in private and know how to respond.

3.2.6 Dementia

Dementia and domestic abuse may co-exist (both be present in a relationship) where:

• a person with dementia is the perpetrator of domestic abuse;
• a person with dementia is the victim-survivor of domestic abuse;
• both the perpetrator and the victim-survivor of domestic abuse have dementia.

This can include both situations where there has been domestic abuse in the relationship before one of the adults was diagnosed with dementia, and situations where there had been no history of domestic abuse within the relationship prior to the dementia diagnosis. Dementia can change the nature of previously positive relationships.  Where a relationship has been positive in the past, displays of aggression by the person with dementia may be due to changes in their brain, pain, confusion, or fear.

Where domestic abuse and dementia co-exist, practitioners may miss signs of dementia or mistake them for signs of ageing, increasing the risk of harm to the older victim-survivor.

Domestic Abuse and the Co-existence of Dementia (Centre for Age, Gender and Social Justice, Aberystwyth University) contains a toolkit which has been developed using findings from research. The toolkit aims to address gaps in practitioners’ knowledge on the co-existence of domestic abuse and dementia and offers practical information and advice to help practitioners engage with victim-survivors who are living with dementia. A safety planning tool is also available in the publication.

 

3.3 Barriers to seeking help

When working with victims of domestic abuse, it is important to understand the reasons why people stay in abusive relationships, and why they may not seek or respond to offers of help.

Some barriers are because of the emotional and psychological impacts of domestic abuse. Others may be practical or social / cultural. Often they are similar to the barriers that prevent people from seeking help over other safeguarding issues.

They may include:

• fear of the abuser and / or what they will do (these may be realistic fears based on past experience and threats that have been made);
• lack of experience or knowledge of other victims who have dealt with abuse successfully;
• lack of experience of positive action from statutory agencies, including the courts;
• lack of knowledge / access to support services;
• lack of resources, financial or otherwise;
• previous experiences and / or a fear of being judged or not being believed;

• love, loyalty or emotional attachment towards the abuser and the hope that their partner / family member / abuser will change;
• feelings of shame or failure, blaming themselves for their abuse;
• pressure from family / children / community / friends;
• religious or cultural expectations;
• the long-term effects of abuse such as prolonged trauma, disability resulting from abuse, self-neglect, mental health problems;
• low self-esteem / self-worth.

4. Responding to Concerns about Domestic Abuse

Fewer than one in five victims report their abuse to the police, meaning that many do not come into contact with the criminal justice system. It is important therefore that staff in a wide range of organisations can identify victims and know how to respond; this includes being able to:

• support victims to get protection from abuse by providing relevant practical and other assistance;
• identify those who are responsible for perpetrating such abuse, so that there can be an appropriate criminal justice response;
• provide victims with full information about their legal rights, and about the extent and limits of statutory duties and powers;
• support non-abusing parents in making safe choices for themselves and their children, where appropriate.

Professionals in contact with adults who are threatening or abusive towards them, should consider the possibility that the individual could also be abusive in their personal relationships.

4.1 Asking questions and assessing risk

4.1.1 Asking questions safely

Whenever there are concerns about possible domestic abuse, practitioners should try to see the adult on their own so they can ask them whether they are experiencing, or have previously experienced, domestic abuse. This can include asking direct questions about domestic abuse.  It will take time to build trust and confidence, and adults may not feel able to share all aspects of their situation initially. It can take time for adults to develop trust, disclose abuse, and seek help.

4.1.2 Assessing risks

An assessment of risk should take place in all situations where an adult with care and support needs is experiencing domestic abuse. This assessment should be personalised to reflect the needs of adult, use the principles of making safeguarding personal and involve the support of an independent advocate if required (see Assessing and Managing Risk, Making Safeguarding Personal and Independent Advocacy chapters).

When assessing domestic abuse and the needs of with a victim of domestic abuse, the following should be considered:

• age and vulnerability of the adult;
• the adult’s description of the abuse and its impact on them;
• frequency and severity of the abuse;
• whether there were any children or other adults who either witnessed the abuse or were in the property at the time;
• if any weapons used or threatened to be used;
• if other agencies may have information which needs to be considered.

Tools including the Domestic Abuse, Stalking and Harassment (DASH) checklist can be used as an aid to professional judgement.

4.2 Responding to concerns

Take immediate safety measures If there is an imminent risk of harm:  If, on the basis of information received or concerns witnessed, a practitioner believes an adult or child is at imminent risk of harm, they should contact the police immediately by telephoning 999.

If there are safeguarding children concerns: Section 3 of the Domestic Abuse Act 2021 recognises children as victims of domestic abuse if they see, hear, or experience the effects of the abuse, and are related to, or falls under ‘parental responsibility’ of, the victim and / or perpetrator of the domestic abuse. A child is therefore considered a victim of domestic abuse if one parent is abusing another parent, or where a parent is abusing, or being abused by, a partner or relative.

Adult practitioners who become aware of children living in households affected by domestic abuse (or a young person over 16 who is a victim of domestic abuse) should always act by sharing this information with Children’s Social Care (see Safeguarding Children Partnership procedures).

If there are safeguarding adults’ concerns: Under the Care Act 2014, the local authority has a safeguarding duty to an adult who appears to have needs for care and support (whether or not the local authority is meeting those needs), is experiencing or is at risk of abuse or neglect, and, as a result of those care and support needs, is unable to protect themselves from the risk of, or experiencing, abuse or neglect. This includes domestic abuse, if the adult appears to have needs for care and support.

When a safeguarding adults’ referral is received, it will be reviewed by the local authority to see if it meets the criteria for a safeguarding enquiry under Section 42 of the Care Act.

Making safeguarding personal means that safeguarding adults’ responses should always be person-led and outcome-focused. The adult should be asked about how they would like agencies to respond to their safeguarding situation in a way supports their involvement, choice and control as well as improving quality of life, wellbeing and safety. It is important to listen the adult, respect their views and place them at the centre of decision-making.

4.3 Mental capacity

See Mental Capacity chapter

Assessing mental capacity can be challenging in domestic abuse situations, if the adult is cared for by, or lives with, a family member or intimate partner and is seen to be making decisions which put or keep themselves in danger. Skilled assessment and intervention are required to judge whether such decisions should be described as ‘unwise decisions’ which the person has the mental capacity to make, or decisions that are not being made freely, because they are being coerced and / or controlled. For example, an adult may make a decision to continue to live with an abusive partner which is a free and informed decision, when they know all the risks and the alternative courses of action, including support which is available to them.

When a person who appears to have mental capacity chooses to stay in a high-risk abusive relationship, careful consideration must be given to whether they are making that choice freely, and are not being influenced by the perpetrator. It may be that the relationship is more important to them than the harm that is being done, perhaps more so if the harm is not life threatening (for example, the financial abuse they are experiencing is not to the extent that they cannot keep themselves warm and fed).

Whatever action is agreed, practitioners should continue to support and safeguard the adult and keep their needs and risks under review, remembering that situations can change and escalate quickly. Where an adult who has mental capacity chooses to stay or return to their home, a safety plan should be developed with them to help them stay as safe as possible.

All discussion and actions agreed should be recorded (see Case Recording chapter).

5. Multi Agency Response

Agencies should work together and share information to ensure they are able to draw on all the available information held within each agency to build a full picture of the victims, including children, and perpetrators.

All agencies have a duty to assess whether a safeguarding response is required before referring an incident to a multi-agency partnership.

5.1 Multi-Agency Risk Assessment Conference 

A Multi-Agency Risk Assessment Conference (MARAC) brings together statutory and voluntary agencies to jointly support adult and child victims of domestic abuse who are at a high risk of serious harm or homicide, and to disrupt and divert the behaviour of the perpetrator/s. These are the police, Independent Domestic Violence and Abuse (IDVA) services, housing, children’s services, the Probation Service, primary health, mental health, substance misuse service and adult social care.

At the beginning of the process, local agencies will refer victims to the local MARAC. Before the meeting, all participating agencies will gather relevant, proportionate, and necessary information regarding the victims, including children, and the perpetrator/s. The local agency representatives attend the MARAC meeting to discuss the shared information and expertise and suggest actions.

The IDVA is a specialist practitioner who works in partnership with other agencies to implement the action plan. They also represent the victim at the MARAC, making sure their voice is heard. Victims and perpetrator/s do not attend the meeting. The victim is informed that the case is being taken through the MARAC process, unless it is deemed unsafe to do so. If the victim objects to the disclosure of personal information, this should be considered in proportion to the risks present. If it is believed that withholding information puts a child at risk of significant harm, or another adult is at risk of serious harm, then disclosure may be justified in the public interest and / or in order to protect the vital interests of the third party. If the victim is at significant risk of harm, then this would be in the public interest.

In South Tyneside, the MARAC Panel meets weekly, and is chaired by a Northumbria Police MARAC co-ordinator. To make a referral into the MARAC, a Risk Indicator Checklist (RIC) needs to be completed and will be Triaged by the MASH Police team.

A revised MARAC protocol has been developed by the MARAC steering group which outlines the process, policy and referral forms.  A MARAC steering group led by Public Health along with multi agency representatives aims to monitor the panel meeting performance, any items for escalation, improvement and auditing of cases to ensure the process and policies are being implemented accordingly. The MARAC data is captured within the DA data Dashboard that is shared at the Domestic Abuse Partnership Board.

See also Multi Agency Risk Assessment Conferences chapter.

5.2 Specialist support services

Restart, the local specialist domestic abuse service, should be contacted for support as they are experts in risk assessment and management. They can also provide practical services, emotional support, and statutory advocacy. Support and safety planning can also include health and social care services.

If a practitioner refers into MARAC they should also refer into Restart by emailing: [email protected]

6. Domestic Violence Disclosure Scheme

See also Domestic Violence Disclosure Scheme factsheet (Home Office) and Northumbria Police – Clare’s Law

The Domestic Violence Disclosure Scheme (also known as Clare’s Law) contains two elements: the Right to Ask and the Right to Know.

Under the Right to Ask, a person or relevant third party (for example, a family member) can ask the police to check whether a current or ex-partner has a violent or abusive past. If records show that an individual may be at risk of domestic abuse from a partner or ex-partner, the police will consider disclosing the information.

The Right to Know enables the police to make a disclosure on their own initiative if they receive information about the violent or abusive behaviour of a person that may impact on the safety of that person’s current or ex-partner. This could be information arising from a criminal investigation, through statutory or third sector agency involvement, or from another source of police intelligence.

7. Professional Safety

Any potential risks to professionals, carers or other staff should be assessed. In such cases a risk assessment should be undertaken. Staff should speak to their manager and follow their own agency’s guidance for staff safety. Such issues should also be discussed during supervision (see Supervision chapter).

1. Introduction

‘Cuckooing‘ also known as forced home invasion, is when criminals (usually drug dealers) takeover the home of a vulnerable person, for example care leavers or people with addiction, physical disabilities or mental health issues. They then use the property as a base for their criminal activity, including dealing and storing drugs, storing weapons and / or money or as a base for sex work. Cuckooing is a form of criminal exploitation and is a common feature in county lines exploitation (see County Lines: Criminal Exploitation of Adults chapter).

2. Who is at Risk?

Adults at risk of cuckooing include:

• people with drug or alcohol problems;
• young people who are care leavers;
• people already known to the police;
• older people who live alone with no support network;
• people who have mental or physical health problems;
• people with learning disabilities;
• female sex workers;
• single mums; and
• people living in poverty.

Victims are often people with care and support needs, even if they are not already receiving support from services.

Where the victim is known to use drugs, criminals often offer them free drugs in return for being able to use their home for dealing.

Once the criminals have gained control of the adult and their home, the victim is at significant risk of physical and psychological abuse, sexual exploitation and violence. Victims are often used as drug runners, forced to move drugs from one place to another on behalf of the criminals. They are threatened with violence if they do not agree (see also County Lines: Criminal Exploitation of Adults chapter).

Victims are unlikely to the police or tell other professionals what is happening, as they may be frightened that they will be suspected of being involved in drug dealing themselves or that they will face repercussions or punishment from the gang.

They may also be afraid that they could be evicted from their home. Some victims feel they are forced out of their homes, or are actually made to leave their home by the gang, which makes them homeless.

3. Signs of Cuckooing

3.1 Signs an adult is being exploited or abused

Signs that an adult is being exploited or abused include:

• they get more telephone calls or people calling to their property than they usually do;
• they have physical injuries that they cannot, or do not, explain;
• they seem quiet and withdrawn;
• they are known or suspected to be carrying or selling drugs;
• they are going missing from home or college, work or work placements;

• they have new clothes and / or possessions, more than one mobile phone or money than they can usually afford;
• they start to miss appointments with services and do not respond to messages.

3.2 Signs of cuckooing in a local neighbourhood

All types of properties can be cuckooed including rental and private properties, student accommodation and commercial premises. Signs that a property has been cuckooed include:

• unfamiliar people are entering and leaving the property, often throughout the day and night. In supported or shared accomodation, staff might notice an increase in key fob activity;
• an increase in the number of people walking to the property or loitering in the area around it;
• young people visiting the property;
• an increase in the number of cars (including vehicles which have not visited before), bikes, or taxis or hire cars outside the property;
• electric scooters and scooter helmets around the property;
• an increase in anti-social behaviour and signs of drug use in and around the property, including litter and discarded needles or crack pipes for example;

• an increase in noise and disturbance levels, including late night parties or arguments;

• damage to the property such a broken windows or doors;
• curtains and blinds which are always closed;
• threats or intimidation towards other residents or neighbours.

Information about possible cuckooing cases can come from a range of different sources such as neighbours, partner agencies and the wider public. Professional curiosity is therefore important as information from different sources may need to be pieced together.

4. Taking Action

Where an individual is at risk of, or experiencing exploitation, it is a legal requirement that practitioners share that information with the relevant agencies. This may include sharing information without the adult’s consent where they may be being coerced or under duress, to prevent a crime being committed.

If a person is at immediate risk of harm, the police should be contacted by calling 999.

If the person is not at immediate risk of harm, staff should talk to the adult and then concerns should be shared with the local authority safeguarding adults team (see Local Contacts) and the police on 101.

This might involve a practitioner contacting the designated lead for safeguarding adults in their own organisation, who will then make a safeguarding adults referral; or, the practitioner can contact adult social care directly.

The local authority and partners agencies will then consider whether action is required to protect the adult victim. This may include a discussion about whether the person has care and support needs, if they have mental capacity (see Mental Capacity chapter) and if they do, whether the inherent jurisdiction applies in their case. This is when a person with mental capacity is coerced or unduly influenced by another person, in a way which restricts their ability to freely make their own decisions.

The adult should be at the centre of discussions and any decisions that are taken during the safeguarding or inherent jurisdiction process. See Making Safeguarding Personal chapter.

All concerns should be recorded in the adult’s records as along with details of all actions that have been taken and decisions that have been made (see Case Recording chapter).

4.1 Modern slavery and the National Referral Mechanism

If the adult has also been forced by a criminal gang to move drugs from one place to another, this is criminal exploitation and a form of modern slavery. The National Referral Mechanism (NRM) provides a framework for identifying and referring potential modern slavery victims and ensuring they receive appropriate support.

First responder organisations, which include the local authority and the police (see Modern Slavery chapter, appendix 1) should refer adult victims of modern slavery to the NRM if they give their consent to this.  Even if the adult does not consent to the NRM referral, there is still a ‘duty to notify’ the Home Office that a potential victim of modern slavery has been identified. Full details can be found in the Modern Slavery chapter.  Any referral to the NRM or notification to the Home Office should come after the appropriate safeguarding steps have been taken and multi-agency discussions have been held.

1. Introduction

Adolescent to Parent Violence (APVA) is a hidden form of domestic abuse that still has no legal definition, however it is referenced within current government domestic abuse literature.

1.1 Definition

Domestic abuse is defined as:

Abusive behaviour that is: physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; psychological, emotional or other abuse. Applies to people aged 16+, who are personally connected to each other (Domestic Abuse Act 2021).

It is important to consider that APVA is likely to involve a pattern of behaviour.

Child to Parent violence (CPVA) encompasses children of a younger age:

Child to Parent Violence is any harmful act by a child whether physical, psychological or financial which is intended to gain power and control over parent /care giver (Cottrel, B. and Monk, P. 2004).

Behaviour considered to be violent if others in the family feel threatened, intimidated or controlled by child if they believe that they must adjust their own behaviour to accommodate threats or anticipation of violence (Patterson et al 2002).

It should be considered that due to there not being a government definition some organisations will categorise as APVA and some as CPVA. Within South Tyneside we will use CPVA to encompass children of a younger age range within intervention work and care pathways.

Whilst it is not unusual for adolescents and children to demonstrate healthy anger and at times there will be conflict with parents, it should be noted that there is a difference between healthy anger and abuse or behaviour which instils fear in their parents or carers.

Consideration should be given at all times to the level of violence or abuse for example:

• is the abuse persistent;
• is the abuse planned and deliberate; and
• not a reckless act.

This procedure should be read in conjunction with the Care Pathway:

• CPVA Screening Tool;
• My Emergency Safety Plan;
• The Respect Young People’s Programme.

1.3 Following disclosure

Once a disclosure of APVA / CPVA is made the professional should complete the CPVA risk screening tool with the parent / carer, this will indicate the level of risk posed and inform the process that should be followed within the care pathway. In all cases where risks have been identified the emergency safety plan should be implemented with parent/carer. Where CPVA involves a victim who meets the Care Act 2014 safeguarding adult’s definition, adult safeguarding procedures should be followed accordingly (see the chapter on Responding to Signs of Abuse and Neglect).

Consideration should be given to other family members and the potential risks posed.

If you are worried about an adult, a referral to Adult Social Care should be considered (see Stage 1: Concerns).

2. Immediate Safeguarding Concerns

If an individual is at immediate risk of harm then police should be notified via 999, the high risk pathway should then be followed.

2.1 High risk

A referral should be made to children’s services; the parent(s) should be informed that a referral is going to be made and their permission sought to share information with other agencies unless there are concerns that to do so would:

• Prejudice any investigations or enquiries;
• Be prejudicial to the child’s welfare and/or safety;
• Cause concern that the child would be likely to suffer Significant Harm as a result.

(see Report a Concern about a Child, South Tyneside Council)

On receipt of the referral, consideration will be given by children’s services regarding the threshold being met for Strategy meeting (see Strategy Meeting / Discussion, Safeguarding Children Procedures).

If the young person is over 16, a referral to MARAC by CFSC worker should be made.

Consideration should be given re referral to Impact Family Services to offer intervention to the parent.

Social worker and CPVA worker allocated to the family. The social worker should complete the assessment (see Assessment, Safeguarding Children Procedures).

2.2 Standard and medium risk

Consideration should be given to involving Early Help.

The police should be informed via 101 of the disclosure of APVA / CPVA.

If consent is gained from the parent / carer, a referral should be made to  the Impact Family services for intervention.

A CPVA worker can be contacted for advice where standard and medium risk has been identified.

Never assume that someone else will take care of the violence / abuse issues. You should seek confirmation that other professionals / agencies have acted in a way which you would expect. You may be the parent / carers / child / young person’s first and only contact.

Remember they can deny abuse is happening and minimise the risk and / or harm.  Discuss with your line manager, assess the threshold level and act accordingly.

 

1. Introduction

The relationship between local housing and adult and social care departments can be complex because there are often legal and practical difficulties arising from circumstances where vulnerable adults and families fall below or between two legal frameworks. Their needs may not be sufficient to qualify them under the Care Act 2014 (CA) but they may also not meet the criteria for a positive housing decision because they do not have sufficient vulnerability to be assessed as being in ‘priority need’ (see Section 4.2.2, Section 189: Priority Need).

The CA allows the local authority to provide any type of accommodation which may be called ‘ordinary accommodation’, that is “accommodation in a care home or in premises of another type” where they would receive care and support services relevant for their assessed needs.

From an adult social care perspective, the local authority must not meet a person’s care and support needs by taking any action which is required – either by itself or another local authority – under the Housing Act 1996 (HA) or other housing related legislation. A local authority can provide ordinary accommodation under the CA when they are not under a duty to provide that person with accommodation under the HA.

Once the local authority has assessed an applicant’s needs as satisfying the relevant criteria, it must provide accommodation on a continuing basis so long as the need of the applicant remains as the same as originally assessed.

A local authority from an adult social care perspective may provide ordinary accommodation, and any other service within reason, to an adult whom it assesses as needing care and support under the CA; whether or not the local authority uses that power is for it to decide.

See also Appendix 1: Further Information.

2. South Tyneside Homelessness Service

Click on the link to view Homelessness: South Tyneside Homes

3. Safeguarding Concerns

Adults who are homeless may be vulnerable to abuse, whether they are rough sleeping, sofa surfing or in temporary accommodation. For example their lack of stable accommodation can leave them vulnerable to physical, emotional or sexual abuse, criminal exploitation and their possessions vulnerable to theft.

Staff who work with adults who are homeless should be aware of the increased possibility of safeguarding issues, be able to recognise the signs of potential abuse and to take action if they suspect that someone is being abused (see Stage 1: Concerns chapter).

4. Homelessness Legislation

4.1 Housing Act 1996

The main legislation that addresses local authority duties in relation to people who are homeless is the Housing Act 1996. This states the legal requirements that underpin local authority action to prevent homelessness and provide assistance to people who are threatened with homelessness or who are homeless.

In 2002, the legislation was amended through:

• the Homelessness Act 2002 which means each local housing authority has a duty to undertake a review of homelessness and to develop and implement an effective strategy to deal with homelessness in consultation with both Social Services and other organisations; and
• the Homelessness (Priority Need for Accommodation) (England) Order 2002 which extended the class of persons with a priority need for accommodation to six additional categories:
• 16-17 years old;
• 18-20 care leavers ;

• vulnerable care leavers;

• former members of the armed forces;
• vulnerable former prisoners;
• persons fleeing violence.

These were introduced to ensure a more strategic approach to tackling and preventing homelessness and to strengthen the assistance available to people who are homeless or threatened with homelessness by extending the priority need categories.

The Domestic Abuse Act 2021 further added to the categories of priority need by extending these to include people who are made homeless as a result of domestic abuse.

4.2 Homelessness Reduction Act 2017

The Homelessness Reduction Act 2017 (HRA) amended the Housing Act 1996.

One of the aims of the HRA is to ensure that all eligible households who are homeless or threatened with homelessness receive genuine and effective advice and assistance to help them secure accommodation. The HRA aims to widen access to homelessness advice and prevention services for all households who are experiencing homelessness or who are at risk of losing their home. It introduced a statutory duty to carry out assessments on all applicants, as well as duties to prevent and relieve homelessness in all cases.

Key sections in the Act are outlined below.

4.2.1 Section 179: Expanded the general duty to provide advice

Local housing authorities have a duty to ensure that advice and information on homelessness prevention and on how people can access help and support when homeless is made available free of charge. The HRA specifies the types of information that have to be made available and requires that advice and information be tailored to meet the needs of the following specific groups:

1. people released from prison or youth detention accommodation;
2. care leavers;
3. former members of the regular armed forces;
4. victims of domestic abuse;
5. people leaving hospital;
6. people living with a mental illness or impairment; and,
7. any other group that the authority identify as being at particular risk of homelessness in their area.

The local authority can provide this advice themselves or arrange for other agencies to do it on their behalf.

4.2.2 Section 189: Priority Need

A person who is homeless and who approaches the local authority for assistance (known as an eligible applicant) has to fall into one of the priority need categories in order for the local authority to have a duty to obtain temporary accommodation for them. The following people have a priority need for accommodation:

1. a pregnant woman or a person with whom she resides or might reasonably be expected to reside;
2. a person with whom dependent children reside or might reasonably be expected to reside;
3. a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster;
4. homeless 16 and 17 year olds;
5. care leavers aged 18, 19 and 20;
6. a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;
7. people who are vulnerable as a result of time spent in care, the armed forces, prison or custody;
8. people who are vulnerable because they have fled their home because of violence;
9. A person who is homeless as a result of being a victim of domestic abuse. There is no requirement that the person must have ceased to occupy the accommodation for this category of priority need to apply. A person is considered homeless if accommodation is unreasonable to continue to occupy because it is probable that this will lead to domestic abuse against them or someone in the household.

The term ‘vulnerable’ is not defined in the legislation, but the Homelessness Code of Guidance (para 8.16) contains guidance and case law has considered how to define and interpret ‘vulnerable for example, Hotak v Southwark LBC; Kanu v Southwark LBC; Johnson v Solihull MBC [2015] UKSC 30. The Supreme Court judgment decided in these cases a homeless person is in priority need if they are vulnerable compared to the average person, not the average homeless person (Johnson vulnerability).

The test involves comparing the ability of the applicant to deal with the effects of being homeless with the ability of a hypothetical ordinary person to deal with the same situation. In order to be deemed vulnerable, the applicant must be:

1. significantly more vulnerable than an ordinary person in need of accommodation; and
2. likely to suffer greater harm in the same situation.

See also Appendix 1: Further Information, The vulnerability test.

Vulnerability in this context relates to a person’s vulnerability if they are not provided with accommodation, not their general ‘need of care and support’.

4.3.3 Section 189A: Assessments and Personalised Housing Plans where the person is homeless or threatened with homelessness.

Local housing authorities must carry out an assessment where an eligible applicant is homeless or threatened with homelessness. This should identify what has caused the homelessness or threat of homelessness, the applicant’s housing needs and any support they need in order to be able obtain and stay in new accommodation.

Following the assessment, the local authority must work with them to develop a personalised housing plan. This should contain actions for the local authority to help them secure new suitable accommodation. A copy of the assessment and the plan must be given to the person, and both must be reviewed whilst the local authority continues to have any duty to them.

Practically, the local authority must try to agree a written list of the actions that each party will take. If they cannot be agreed, the local authority must produce a record of the reasons for the disagreement and detail what steps the local authority will take and those steps expected from the applicant. Until a point at which the local authority decides it does not owe a duty to the applicant, it has to keep the assessment under review, together with the appropriateness of any agreement reached or steps taken.

4.3.4 Section 189B: Relief Duty

The local authority has a duty to provide support and help to all eligible people who are homeless. This is met by helping a person secure suitable accommodation, where they have a reasonable possibility of staying for at least six months. The relief duty can remain in place for up to 56 days. If the applicant is still homeless at the end of this period the local authority must decide what further duty, if any, is owed to them.

The relief duty applies to all eligible applicants who are homeless; it is not conditional upon them being in a priority group.

The local authority can consider a person’s local connection when a relief duty is in place. If they do not have a local connection to the local authority and have a safe local connection to another local authority area, the local authority can decide to refer their case to the other area.

4.3.5 Duty to help to secure accommodation

Housing authorities have a number of duties and powers to secure accommodation for an applicant. The HRA introduces a duty of ‘help to secure’ accommodation for all applicants under prevention and relief duties. This does not mean that the housing authority has a duty to directly find and secure the accommodation, but involves them working with an applicant to agree reasonable steps that they and the local authority will take to identify and secure suitable accommodation.

The prevention or relief duty will be met if any type of suitable accommodation can be found when helping the applicant to secure accommodation. It can often be met by helping them to secure a tenancy; it can also be met by helping them to secure any type of suitable accommodation, including accommodation occupied under a licence.

The local authority can secure suitable accommodation in the following ways:

1. providing it themselves; or
2. arranging that the applicant obtains it from some other person; or
3. giving the applicant advice and assistance so that accommodation is available from some other person (in R v (Miah) v Tower Hamlets LBC [2014] EWHC 1029 advice to meet the duty then ends the duty).

The local authority must provide temporary accommodation for applicants who are in a priority need group whilst it performs the relief duty.

4.3.6 Section 191: Intentionally homeless

A person becomes intentionally homeless if they deliberately do something, or fail to do something that as a direct consequence means they no longer live in accommodation that was reasonable for them to stay in.

The local authority must be satisfied that all five elements of the intentional homeless (IH) test apply.

1. What did the applicant do or fail to do?
2. Did it lead to a loss of the accommodation as a consequence of an act or omission?
3. Was there a termination or interruption in the occupation as distinct from a failure to take up accommodation?
4. Was the accommodation available for the homeless person’s occupation?
5. Would it have been reasonable for the homeless person to continue to occupy the accommodation?

A person will also be found to be intentionally homeless if they enter into any arrangement under which they are required to leave the accommodation which it would have been reasonable for them to continue live in, if the purpose of that arrangement was to enable them to claim assistance as a homeless person.

In considering whether a person deliberately becomes homeless the local authority has to ask whether the loss of accommodation would reasonably have been regarded as a likely consequence of that person’s deliberate conduct:

• ‘deliberate’ relates to the act or omission;
• ‘likely’ means a real or serious possibility;
• the link between the act and the homelessness must be judged objectively;
• the deliberate act must have contributed in some measure to the loss of the home.

There may be a number of causes of the homelessness, some of which may be ‘innocent’ but the applicant will still be IH if the local authority – on the balance of probabilities – is satisfied that homelessness was a likely consequence of a deliberate act. Examples are:

• the applicant’s tenancy was not renewed by the landlord and was a reasonable result of the behaviour of not paying rent or withholding rent;
• an applicant guilty of ASB or criminal behaviour is forced to leave their home because of i.e. threats. They are IH because the accommodation would have been reasonable to occupy but for ASB.

Where the homeless person took action or failed to act, there is a good faith test that has to be considered in regard to a deliberate act, that is, was the applicant acting honestly or were they genuinely ignorant of a relevant fact?

If it is decided that a person is intentionally homeless, this limits the duties and assistance the local authority can give them. At the most, if they are also in priority need, they will be provided with temporary accommodation for a reasonable period only. This period – usually around 28 days – is to allow them to make their own arrangements to secure alternative accommodation.

4.3.7 Section 195: The Prevention Duty

The local authority has a prevention duty to provide support and help to all eligible people who are threatened with becoming homeless within the next 56 days. This duty is often be met by providing assistance to enable a person to remain in their current home, where possible, however where this is not feasible it can be met by helping them move to another home in a planned way, without them becoming homeless.

This duty applies to all eligible applicants who are threatened with homelessness, it is not conditional upon the applicant being in a priority group and it does not require an applicant to have a local connection to the area. The duty remains in place for up to 56 days, although it can be longer, if required.

4.3.8 Section 195: A change to the meaning of ‘threatened with homelessness’

Under the HRA, households are considered to be threatened with homelessness if they are considered to be threatened with homelessness in the next 56 days. This period has been doubled from previous legislation in the HA, previously it was 28 days from date they presented for accommodation.

This is to require local authorities to intervene to provide assistance at an earlier stage, so there is increased opportunity to achieve a successful homelessness prevention outcome. The local authority is obliged to take reasonable steps to help the applicant secure that accommodation so it does not cease to be available for their occupation. In deciding the steps to take the authority must have regard to its own assessment.

4.3.9 Section 199: Local connection and a local connection for care leavers

An applicant has a local connection to an area if they are:

1. normally resident in the area (usually for six of the past 12 months, or for three out of the past five years);
2. employed in the area;
3. have family associations to the area; or actual relationships are often considered more important than blood ties
4. have other special circumstances that give them a connection.

A local connection is determined by the facts and circumstances at the date that the local authority completed its enquiries.

A care leaver aged under 21 who was previously in care in the area for at least 2 years has a local connection, even if they were placed there by another council.

They will also have a local connection if the are under 25 and get advice and support from the local authority Children’s Social Care department under a pathway plan.

If the pathway plan is provided by a county council, the care leaver will have a local connection to every local housing department in the county council area.

4.3.10 Section 213B: Duty to Refer

The HRA introduced a duty to refer, which is placed on other public sector bodies, not the local housing authority. Social care services, including adult social care, are subject to this duty.

The aim of this duty is to help early identification of households who are homeless or threatened with homelessness, and to build on / develop joint working relationships between organisations in order to effectively prevent and relieve homelessness. The following organisations are subject to the duty to refer, and must refer people who they come into contact with, who are experiencing homelessness or who are threatened with becoming homeless:

• prisons;
• youth offender institutions;
• secure training centres;
• secure colleges;
• youth offending teams;
• the probation service;
• Job Centre Plus;
• social service authorities;
• emergency departments;
• urgent treatment centres;
• hospitals in their function of providing inpatient care;
• the Secretary for Defence in relation to former members of the regular armed forces.

The organisation must first have consent from the person they are going to refer. The person must then nominate a local authority in England where they want the referral to be sent. The referral itself will not mean a homelessness application has been made.

4.4 Summary of the main provisions of HRA

1. The legislation introduces requirements for local housing authorities to carry out homelessness prevention work with all those persons who are eligible for help and threatened with homelessness.
2. The HRA changes the point at which a person is classed as being threatened with homelessness from 28 days to 56 days.
3. It makes changes to the way local authorities assess and the point in time in which a person becomes homeless or is threatened with homelessness. The HRA requires local housing authorities to carry out an assessment of the applicant’s needs and that the steps agreed between the local housing authority and the applicant are set out in writing in the form of a personalised plan.
4. A duty is placed on local housing authorities to take steps for 56 days to relieve homelessness by helping any eligible homeless applicant to secure accommodation.
5. A further duty was introduced that is owed to certain applicants who deliberately and unreasonably refuse to co-operate with local housing authorities.
6. The legislation specifies that local agencies should refer those persons who are either homeless or at risk of being homeless to local housing authority teams.
7. Provisions are made for certain care leavers to make it easier for them to show they have a local connection with both the area of the local authority responsible for them and the area in which they lived while in care if that was different.

4.5 Applying the Equality Act 2010 in regard of Priority Need and Disability

The definition of disability in the Equality Act 2010 (EA) is “a person has a disability if s/he has a physical or mental impairment which has a substantial and long term adverse effect on that person’s ability”.

When making decisions about priority need under the EA, the local authority must ensure it has taken all steps to gather all relevant information relating to the applicant’s mental or physical disability.  Workers should undertake a full assessment interview with the applicant, focus on questions that relate to any physical or mental impairment and ask how the impairment might impact on them if they were to become or remain homeless.

The Supreme Court stated that the EA is ‘engaged’ when making decisions on vulnerability where the applicant has a relevant protected characteristic: age; disability; gender; gender reassignment; pregnancy and maternity; race; religion or belief and sexual orientation. The court accepted that on priority need a protected characteristic will be a disability and these questions should be considered:

1. What is the extent of the applicant’s disability?
2. What is the likely effect of the disability on the applicant when taken together with that person’s other problems?
3. Is the worker satisfied that relevant third party inquiries have been undertaken into any mental or physical impairment to demonstrate that the applicant meets the requirements set down by the EA?

If the applicant is found not to have a priority need category the reasons must be set out.

The local authority may find an applicant comes under the definition for the disability protected characteristic in a priority need, but does not automatically become eligible because they meet the definition.

If a local authority reaches a decision that on the evidence they are not vulnerable, despite coming under the disability protected characteristic, it must justify the decision as a proportionate means of achieving a legitimate aim, which is to meet the obligation set by the homeless legislation to decide when a person’s disability makes a person vulnerable under the EA.

5. Useful Resources

5.1 Homelessness Code of Guidance for Local Authorities

The Homelessness Code of Guidance for Local Authorities provides statutory guidance that all local authorities must consider when carrying out their duties relating to homelessness and preventing homelessness. The code is issued specifically for local authority members and staff, including social care services (see Section 4.3.10, Section 213B: Duty to Refer).

The guidance includes information on preventing and tackling homelessness, including joint working between housing and other services to secure accommodation and provide support. It also covers the duty to refer, although it was published prior to the implementation of the HRA.

5.2 Other useful resources

• National Homelessness Advice Service NHAS: Useful information and resources for local authority staff, housing providers and members of the public. Requires a log in to access some resources.
• Shelter Legal: Detailed and useful resources on homelessness applications, legal duties, security of tenure, rents, benefits etc.

Appendix 1: Further Information

1. Residential accommodation

In R v Kensington and Chelsea RLBC Ex p Kujtim [1999] CCLR 340 CA the Court of Appeal held that residential accommodation could include ‘ordinary’ housing accommodation. A duty to supply such accommodation arose where a person needed care and attention, including housing accommodation when it is not available. The need for care is a precondition for this duty. Although CA uses the phrase ‘care and support’ instead of the term under the National Assistance Act 1948 (NAA) ’care and attention’, it has been held that the case law under the NAA still applies.

In R (SG) v Haringey LBC [2015] EWHC 2579 (Admin) it was held a local authority needs only provide under CA a response to an accommodation related need.

Deputy High Court Judge Bowers “The service provided in a non-home environment, would be rendered effectively useless if the claimant were homeless sand sleeping on the street”.

2. The vulnerability test

The vulnerability test is practically applied by asking the following questions:

1. What are the person’s problems?
2. What is the impact of those problems on them?
3. What is their ability to manage their problems by themselves and with the help of others?
4. Taking into account investigations from questions 1-3 how would they suffer more harm than an ordinary person without access to a home? i.e. would they suffer more harm than you or I if they were to become homeless?

Audio & Quick Read Summary

1. Introduction

Sections 20 and 21 of the Criminal Justice and Courts Act 2015 are a part of the Government’s response to the public inquiry conducted by Sir Robert Francis QC into the events at Mid-Staffordshire NHS Foundation Trust (Report of the Mid Staffordshire NHS Foundation Trust  Public Inquiry, also known as the Francis Report). There were already offences in relation to the ill-treatment and wilful neglect of adults receiving treatment for mental disorder (under the Mental Health Act 1983) and of those who lack mental capacity. However, there was previously no equivalent specific offence in relation to those being cared for who had full mental capacity (see Mental Capacity chapter).

Under these sections of the Act, it is a criminal offence for an individual to ill treat or wilfully or deliberately neglect a person for whom they care, in their role of being a care worker.

‘Wilful’ means that the care worker has acted deliberately or recklessly in relation to the person who they are paid to care for.

‘Ill-treatment’ is also a deliberate act, where the individual knew that they were ill treating a person, or were being reckless as to whether they were.

Ill treatment and neglect are separate concepts. Ill treatment does not necessarily have to result in physical harm and can involve emotional and psychological damage – that the actions have caused or have the potential to cause to the adult and their family (see case law R v Newington1990, 91 Cr App R 254). It can also include a failure to protect the privacy and dignity of a vulnerable adult when the victim is unaware that they are being ill treated.

These offences apply to both organisations and individuals.

The Care Quality Commission (CQC) has a role to play as the regulator in setting standards and ensuring adults are safeguarded from abuse and improper treatment. CQC can prosecute registered care providers whom they have judged to have breached the standard. Criminal offences only apply to cases of wilful neglect where there is evidence of the worker or organisation acting or omitting to act deliberately, even though they know there is some risk to the adult as a consequence or because they do not care about that risk. Genuine errors or accidents by a care worker should not be caught within these offences.

2. Care Worker Offence

Under the Act a ‘care worker’ means an individual, who, is paid to provide health or social care. They may also be a director or be in a similar post within an organisation that provides health or social care.

‘Paid work’ means when a person is paid for carrying out care (see Appendix 1, Further Information, Paid work).

Health care includes all types of physical health or mental health care provided to adults. This also includes health care in relation to protecting or improving public health, and procedures that are similar to types of medical or surgical care but are not provided in connection with medical conditions which are excluded health care (see Excluded Healthcare) .

Social care includes all types of personal care, physical support and other practical assistance provided for people who need such care or assistance. This may because of:

• age;
• Illness;
• disability;
• pregnancy;
• childbirth;
• dependence on alcohol or drugs; or
• any other similar circumstances.

This would not include a person who provided such care which was secondary to carrying out other activities.

A care worker found guilty of such an offence could receive a prison sentence of up to five years or a fine (or both); or for a less serious charge a prison sentence of up to 12 months or a fine (or both).

Unpaid family carers and friends cannot be charged with these offences. They may be investigated and charged under different legislation, however.

3. Care Provider Offence

The term ‘care provider’ means:

• a corporation or association that provides and / or arranges health care (apart from excluded health care – see Section 2, above) or social care for an adult;
• a person who is not the care provider, but provides health care or social care which has been arranged by the care provider, including where the individual does not provide care but supervises or manages those who do;
• a director or similar post holder in an organisation which provides health care or social care;
• a person who provides such care and employs or has arrangements with other people to assist them in providing such care.

A care provider commits an offence if:

• a care worker who is caring for an individual (as part of the care provider’s arrangements) ill treats or wilfully neglects that individual;
• if the care provider’s activities are managed or organised in a way which leads to a gross breach of a duty of care by the care provider to the individual who is ill-treated or neglected, and if that had not happened, the ill treatment or wilful neglect would not have occurred or would have been less likely to occur.

A person arranging for the provision of such care does not include someone who makes arrangements under which the provision of such care is secondary to carrying out other activities.

References made to providing or arranging the provision of health care or social care do not include making:

• direct payments for community services and carers;
• direct payments for health care;
• direct payments for care and support.

4. Duty of Candour

See also Duty of Candour chapter

There is a requirement on health and social services to be open and honest with patients and service users when things go wrong. Professionals are expected to be candid with adults who use their services and their families when serious events occur and not obstruct fellow professionals who raise concerns.

The Francis Report recommends that healthcare providers must inform patients or other authorised persons as soon as practicable when they believe that the treatment of care provided has caused death or serious injury to that patient and provide information and explanation as the patient may reasonably request.

It also recommends a duty of candour on individual professionals to inform their employers where they believe or suspect that the treatment has caused death or injury. It is a criminal offence to obstruct a person in the performance of these duties or provide misleading information.

The Care Act includes a duty of candour as one of the requirements for providers registered with the CQC. All providers must act in open and transparent manner with adults who use their services and their families about their care and treatment.

There is also a requirement to notify and provide information and support to the adult or the person acting on their behalf where:

(i) an incident has resulted in or appears to have resulted in the death of an adult who uses the service ; or

(ii) caused severe harm or moderate harm or prolonged psychological harm to them.

The regulations also set out a notification requirement and it is a criminal offence for workers who commit breaches of the duty of candour.

Appendix 1: Further Information

1. Meaning of Wilful

The meaning of “wilful “has been developed in the case of R v Sheppard [1981) AC the House of Lords  held that a man “wilfully” fails to provide adequate medical attention for [P] if he either

(a)  Deliberately does so knowing that there is some risk that P’s health may suffer unless he receives such attention; or

(b) Does so because he does not care whether P may in need of medical treatment, or not’

2. Paid work

Paid work does not include:

• payment in respect of the individual’s expenses;
• payment to which the individual is entitled as a foster parent;
• a benefit under social security legislation;
• or a payment made under arrangements under Section 2 of the Employment and Training Act 1973 (arrangements to assist people to select, train for, obtain and retain employment).

1. Introduction – What is County Lines Exploitation?

County lines is a way of distributing illegal drugs which uses violence and exploitation. It is a form of abuse. It commonly involves children and vulnerable adults, who may have care and support needs, being forced to deliver drugs and money or weapons to drug dealers or drug users, either in the local area or in other counties.

Adults can also be forced to use their homes to store drugs, a practice known as cuckooing or forced home invasion (see Cuckooing chapter). Criminal exploitation has a devastating impact on victims, families and local communities.

The government definition of county lines is:

County lines is a term used to describe gangs and organised criminal networks involved in exporting illegal drugs into one or more importing areas within the UK, using dedicated mobile phone lines or other forms of ‘deal line’. They are likely to exploit children and vulnerable adults to move and store the drugs and money and they will often use coercion, intimidation, violence (including sexual violence) and weapons. (Serious Violence Strategy, Home Office).

This chapter provides guidance for frontline staff so they can recognise the signs of criminal exploitation and know how to respond so that victims get the support and protection they need.

Where concerns relate to the criminal exploitation of a child or young person under 18 years, the Safeguarding Children Partnership procedures should be followed.

2. Forms of Exploitation

County lines exploitation always involves some form of power imbalance which is used by the perpetrators to force, coerce, groom or entice victims into county lines activity. Methods used include:

• offering an exchange: the victim carries drugs in return for something they need or want such as money, drugs, protection, a sense of belonging or identify, supposed friendship or affection;
• physical violence or threats of violence: victims and their families are intimidated or punished. Weapons may be used;
• abduction or kidnapping: victims are forcibly moved and held away from their homes;
• emotional abuse or psychological coercive control – the victim’s movements are controlled using threats / manipulation;
• sexual abuse and exploitation – this can be experienced by people of any gender;
• blackmail – victims are forced to commit a crime so it can be held over them in the future if they do not comply with the exploiters;
• social media / messaging apps – these can be used to target and communicate with victims, often by building false friendships online or to post fraudulent job adverts;
• cuckooing / forced home invasion –criminals, usually drug dealers, take over the homes of vulnerable adults, including care leavers or those with addiction, physical or mental health issues. The property becomes the base for the criminal activity. It can be in rented or private properties, student accommodation or commercial premises. See Cuckooing chapter.
• coerced internal concealment / plugging – victims are forced to conceal drugs or SIM cards internally, so they can be moved without detection by others, especially the police;
• debt bondage –victims are made to repay money they owe by transporting drugs. Victims are often groomed and provided with money or goods which they then find out they have to pay back;
• financial exploitation – victims are coerced, manipulated or deceived into moving money obtained through crime.

3. Who is at Risk of Exploitation?

Any vulnerable adult could be a victim of county lines exploitation, as exploiters continually adapt who they target to avoid detection.

Sex / gender – people of all genders can be exploited. Women are often exploited to perform different roles and can experience other forms of harm (such as sexual exploitation).

Ethnicity – people from all ethnicities and nationalities are targeted.

Location – county lines are widespread across the country, in both rural and urban areas. It can involve the movement of drugs across county borders from one area of the UK to another, but also to supply local drugs markets, and operate in the same town, city or county. County lines grooming can take place in a range of settings, including people’s homes, public spaces, schools and universities, prisons and youth offender institutions as well as online.

The risks of exploitation can be higher for particular groups of adults including those:

• in contact with the criminal justice system, even for minor offences (the arrest of a victim can be an opportunity for the police to identify safety and welfare concerns);
• who have experienced neglect, physical abuse, sexual abuse or exploitation, domestic abuse or trauma and who lack a safe or stable home environment. This includes care leavers;
• who are socially isolated or experiencing social difficulties. The lack of friends or a support network can make it even harder for people to get help;
• who do not have much money and / or ways of getting money legally (for example, do not find it easy to get jobs) ;
• who are homeless or have insecure accommodation;
• with connections to other people in gangs;
• with a physical or learning disability or who are neurodivergent or experiencing mental health issues. It can be harder for these victims to recognise they are being exploited or to ask for help;
• with insecure immigration status.

These risk factors do not cause the adult’s exploitation into county lines, but they can create an imbalance of power which exploiters then seek to abuse. However, adults with none of these risk factors and who are not known to services can also be exploited and are referred to as ‘clean skins’ by exploiters.

4. Signs to Look Out For

It is unlikely that a victim will report their own exploitation. This may be because they do not see themselves as victim or feel able to tell anyone that they are being exploited. They are also likely to be scared to ask for help because they are scared of serious repercussions from their exploiters.

However, practitioners who are working with adults are well placed to spot possible signs of county lines exploitation, which include the following.

Behaviour

• Going missing, being unwilling to say where they have been or being found in areas they have no obvious connections to.
• Self harm or significant changes in emotional wellbeing, behaviour or personality.
• Isolation from social networks.

Possessions

• Suddenly having new clothes, money or mobile phones.
• Receiving and making lots of phone calls or texts, having multiple phones or SIM cards.
• Carrying or storing weapons.
• Using drugs or possessing drugs and drug paraphernalia / equipment.
• Having train tickets for unusual journeys.
• Having a bag or rucksack that they won’t put down / leave.

Appearance

• Having unexplained injuries, for example cigarette burns.
• Inappropriate online relationships, or being secretive.

Signs of being made to hide items inside them

• Refusing food or drink.
• Possession of lubricants and condoms.
• Dishevelled appearance / stained clothing.
• Being physically unwell (victims may require immediate medical help).

Debt bondage / financial exploitation

• Large or unexplained sums of cash or deposits into bank accounts.
• Unusual financial transactions.
• Asking for money / stealing to pay back a debt.

If the practitioner has any concerns about changes in an adult’s behaviour or lifestyle, they should discuss these with them, and record details in the adults record (see Case Recording chapter).

5. Taking Action

Any concerns that a vulnerable adult is at risk of county lines exploitation require a safeguarding response.

If a person is at immediate risk of harm, the police should be contacted by calling 999.

If the person is not at immediate risk of harm, staff should talk to the adult and then concerns should be shared with the local authority adult safeguarding team (see Let’s Talk Team, Local Contacts) and the police. Use professional curiosity to gently ask the adult questions, they are likely to be reluctant to disclose information due to fear of repercussions (see also Professional Curiosity chapter).

This might involve the practitioner contacting the designated lead for safeguarding adults in their own organisation, who will then make a safeguarding adults referral; or, they could contact adult social care directly.

The local authority and partners agencies will then consider whether action is required to protect the adult victim. This may include a discussion about whether the person has care and support needs, if they have mental capacity (see Mental Capacity chapter) and if they do, whether inherent jurisdiction applies in their case. This is when a person with mental capacity is coerced or unduly influenced by another person, which restricts their ability to freely make their own decisions.

The adult should be at the centre of these discussions and any decisions that are taken during the safeguarding or inherent jurisdiction process. See Making Safeguarding Personal chapter.

Local authorities and the police have tools and powers to remove the exploiters and help victims., including applying for closure orders or injunctions on the cuckooed properties. All concerns should be recorded in the adult’s records along with details of all actions that have been taken and decisions that have been made (see Case Recording chapter).

If a practitioner is not satisfied with the local authority response to their concerns, the Escalation and Challenge Protocol should be followed.

5.1 Modern slavery and the National Referral Mechanism

Criminal exploitation is a form of modern slavery. The National Referral Mechanism (NRM) provides a framework for identifying and referring potential modern slavery victims and ensuring they receive appropriate support.  First responder organisations, which includes the local authority and the police (see Modern Slavery chapter, appendix 1), should refer adult victims of modern slavery to the NRM if they give their consent to this.  Even if the adult does not consent to the NRM referral, there is still a ‘duty to notify’ the Home Office that a potential victim of modern slavery has been identified. Full details can be found in the Modern Slavery chapter.  Any referral to the NRM or notification to the Home Office should come after the appropriate safeguarding steps have been taken and in light of the multi agency discussions held.

6. Practice Points

Put victims first –adults who are being exploited by county lines, they may look like they are agreeing to be involved in the criminality, but they may not actually recognise that they are being exploited. Practitioners should remember that vulnerable adults who have been groomed, coerced, manipulated and exploited into criminal activity have not freely chosen to be involved and therefore cannot consent to being exploited. They should be seen as victims first and foremost. Trauma informed approaches should be used, and the adult should be involved in the safeguarding process and next steps to build their trust (Office for Health Improvement and Disparities, Working definition of trauma-informed practice – guidance on trauma-informed practice).

Understand the risks – professional curiosity is important when working with adults who may be a county lines victim. Practitioners should keep a log of activity and save any evidence.  Information should be shared with other professionals to gather the full picture.

Work in partnership with other organisations – collaboration and information sharing are essential to protect victims and disrupt offenders.

Appendix 1: County Lines Posters

• County lines – protecting vulnerable people from exploitation
• County lines: posters for taxi and private vehicle hire staff
• County lines: posters for social housing staff
• County lines: posters for train and rail operator staff
• County lines: posters for bus and coach company staff
• County lines: posters for letting agents and landlords

1. Introduction

The Department of Health and Social Care (DHSC) protocol on the process to be followed when it is identified that an adult has a pressure ulcer aims to promote awareness of pressure ulcers across the social care workforce, so that more can be done to prevent their occurrence and enable a speedy response. The protocol is clear that – in most cases – the appropriate response will be led by health practitioners, and not involve adult safeguarding processes.

The protocol is accompanied by the Adult Safeguarding Concern Assessment Guidance which should be completed by a practising registered nurse. If responses to questions in the guidance give a total score of more than 15, then concerns should be shared with the local authority adult safeguarding team.

2. What are Pressure Ulcers?

Pressure ulcers (also called pressure sores or bed sores) are an injury that break down the skin and underlying tissue. They are caused when an area of skin is placed under pressure. They usually form on bony parts of the body, such as the heels, elbows, hips and tailbone (coccyx, at the base of the spine).

Signs of a pressure ulcer include:

• discoloured patches of skin that do not change colour when pressed – such patches are usually red on white skin, or purple or blue on black or brown skin;
• a patch of skin that feels warm, spongy or hard;
• pain or itchiness in the affected area of skin.

Pressure ulcers usually develop gradually but can sometimes appear over a few hours. They can become a blister or open wound. If left untreated, they can get worse and eventually reach deeper layers of skin, muscle and bone.

People are at more risk of developing pressure ulcers if they:

• have problems moving / are not very mobile.
• have had a pressure ulcer before.
• have been seriously ill in intensive care or have recently had surgery.
• are underweight, or have issues with poor nutrition and hydration.
• have swollen, sweaty or broken skin.
• have poor circulation or fragile skin.
• have problems feeling sensation or pain.

Other issues include:

• substandard care provided by staff.
• poor communication between carers and nurses.
• ineffective multi-disciplinary working.
• lack of access to required resources such as equipment and low staffing numbers.

Pressure ulcers can also occur because of neglect. This may be the deliberate or unintentional failure of a carer or member of staff to provide appropriate and adequate care and support. This can include:

• ignoring a person’s medical or physical care needs.
• failing to provide access to appropriate healthcare and support services.
• withholding essentials a person may need for good skin health, such as medication, adequate nutrition and regular changes of position.

3. Preventing Pressure Ulcers

Pressure ulcers cause distress to adults and their families, but most can be prevented. While treating and responding to pressure ulcers will mainly be health led, preventing pressure ulcers is the responsibility of everyone involved, as many of those who are at risk of pressure ulcers will be receiving services and support from staff working across the social care sector.

To prevent pressure ulcers, all health and social care practitioners involved in the planning, commissioning and delivering of health and social care to an adult, need to be able to spot the risks and take appropriate, speedy action.

Assessments of adults, including risk assessments, should look at the likelihood of pressure ulcers developing and describe actions that will be taken to prevent them. This applies to adults living at home as well in registered care home settings.

3.1 Providing information and advice

If the person who is at risk of pressure ulcers has mental capacity (see Mental Capacity chapter), they should be given advice and information about self-care and preventing skin damage. However, it is important to make sure the person:

• has understood the advice;
• can put the advice into practice;
• has the necessary equipment and knows how to use it;
• can understand what may happen if they do not follow advice.

Where the adult, for reasons that seem sensible to them, chooses not to follow the advice given, practitioners should discuss alternatives and try to reach a compromise if possible. In this situation, practitioners should note the discussions in the adult’s records and make a note to revisit the conversation again.

If it appears that the adult is not looking after themselves or their environment, staff should ask their manager or safeguarding adults lead for advice (see also Self Neglect Guidance).

Many people who develop pressure ulcers will not be receiving healthcare services but will be receiving care from family and friends or paid care workers. It is vital, therefore, that these paid and unpaid carers are given training and information on how to prevent skin damage and pressure ulcers, and guidance on how to spot the signs that an ulcer may be developing, as well as when and how to contact relevant health practitioners about any concerns.

4. Taking Action when a Pressure Ulcer is Identified

Where there is concern that a pressure ulcer has developed, an appropriate member of staff should explain this to the adult and their family members as appropriate and ask their views. Responses to pressure ulcers should always have the person at the centre and fully involve them (or their representative) and family.

Responding to pressure ulcers will mainly be an issue for health practitioners, rather than a safeguarding enquiry led by the local authority.  It is not appropriate or necessary for adults with pressure ulcers to be routinely referred to the local authority (see Section 4.2, When safeguarding concerns should be raised with the local authority).

Where there are concerns about the quality of a service and possible poor practice, these should usually be raised with the service provider in the first instance, then escalated to the local authority, Integrated Care Board or Care Quality Commission (CQC) using existing local reporting systems.

4.1 Initial steps

If there are concerns that an adult has a pressure ulcer, the member of staff involved should (in discussion with the adult and their family) refer them to appropriate healthcare services so they can access the treatment they require and action to prevent further damage to their skin.

Pressure ulcers are given a category (or grade) from one to four to indicate the extent of the wound. with four being the most severe. Pressure ulcers in category one and two must be considered as requiring early intervention to prevent further deterioration or damage. For more information, see Categories of Pressure Ulcer (PDF, 1.22MB) and the the Pressure ulcer recommendations document on the National Wound Care Strategy Programme website.

A clinician, usually a nurse, will document how the skin damage developed. If the person has recently been transferred from another service, the organisation which identified concerns about the pressure ulcer should contact the previous care provider for information.

There should be a review within the organisation / service / provider, to identify if there are any lessons which could prevent the occurrence of pressure ulcers in the future. Very few cases will need a safeguarding concern to be raised with the local authority, most will not require such action (see Section 4.2 When safeguarding concerns should be raised with the local authority).

Where the pressure ulcer appears to be the result of unintentional neglect by an unpaid family or friend carer who is struggling to provide care, the most appropriate response will be to revise the package of care and ensure the carer has support and equipment to be able to care for the adult safely.  Conversations with carers about this can be difficult, especially where carers have been dedicated in providing care but were not given – or have forgotten or otherwise not followed – advice and support to prevent pressure ulcers.

4.2 When safeguarding concerns should be raised with the local authority

Most adults with pressure ulcers do not usually require a safeguarding referral / safeguarding processes as they require interventions and responses from health professionals.

The protocol requires that the Adult Safeguarding Concerns Assessment Guidance is completed for adults with ‘severe’ damage, to assess whether it may be appropriate for staff to also share their concerns with the local authority adult safeguarding team.

4.2.1 Defining Severe Damage

A pressure ulcer might be classed as severe if there are multiple category two ulcers or single category three or four ulcers. However, severe damage could also be identified because of the impact the pressure damage has on the person affected (for example, they are experiencing pain).

Severe pressure ulcer damage can also be present, when it is not yet visible on the skin. Therefore, it is important to be alert for anything that indicates damage to the skin or underlying tissues, most commonly reports of pain or numbness, then changes in the tissue texture or turgor (tightness), change in temperature and finally changes in colour – remembering that not all skin tones show redness.

Skin damage that is established to be as a result of incontinence and / or other types of dampness alone should not be recorded in the notes as a pressure ulcer but should be referred to as ‘moisture association skin damage’ to distinguish it and be recorded separately. However, where this might be as a result of neglect or poor oversight, it should be explored – not ignored.

Skin damage that has been determined as combined, that is caused by both moisture and pressure, must be recorded in the notes as a pressure ulcer.

Skin damage that is a result of pressure from a device, such as from casts or ventilator tubing and masks, must be recorded as a pressure ulcer. These are known as medical device related pressure ulcers.

4.2.2 Action when there is severe damage

Within 48 hours of identifying a pressure ulcer which is classed as ‘severe damage’, the Adult Safeguarding Concerns Assessment Guidance should be completed by a practising registered nurse with experience in wound management. The nurse completing the assessment should not be directly involved with the care of the adult.

The safeguarding adult decision guide contains six questions which give an initial score. This can be used to help inform decision making about whether to escalate safeguarding concerns. The threshold for raising a concern with the local authority is a score of 15 or above – but the score should be used alongside professional judgement.

The six questions in the adult safeguarding decision guide are:

The Adult Safeguarding Concerns Assessment Guidance has example questions which practitioners can use.

A body map should be used to record skin damage. Photographs can also be taken, with consent from the adult or their representative. The photograph should only show the ulcer, not other uninvolved parts of their body; care and sensitivity must be taken to protect the adult when taking such images. See Appendix 1.

Please note: Staff working in South Tyneside and Sunderland NHS Foundation Trust (STSFT) use the Pressure Ulcer Review Process (PURP) which also assists in identification of whether a safeguarding referral for pressure damage is required.

4.2.3 Assessment score and next steps

If the decision guide score is 15 or higher (which is a concern for safeguarding), then the following action is required:

• discuss with the person, family and / or carers that there are safeguarding concerns, explaining why and that a safeguarding enquiry has been raised;
• refer to the local authority, with completed safeguarding adults pressure ulcer decision guide documentation, or own agency internal assessment tool outcome (for staff working in South Tyneside and Sunderland NHS Foundation Trust this could be Pressure Ulcer Review Process (PURP) documentation);
• follow local pressure ulcer reporting and investigating processes;
• record the decision in the person’s case records.

If the decision guide score is under 15, then the follow action is required:

• discuss with the person, family and / or carers and explain reason why it is not being referred for a safeguarding enquiry;
• explain why it does not meet criteria for raising a safeguarding concern with the local authority, but stress the actions which will be taken to treat the adult’s ulcer and prevent any further skin damage;
• action any other recommendations identified and put preventative or management measures in place;
• follow local pressure ulcer reporting and health investigation processes;
• record the decision in the person’s case records.

Once a safeguarding adults concern is raised with the local authority, staff in the safeguarding adults team will decide whether a section 42 enquiry is required and inform the adult, family members, organisation / provider of the next steps (see Safeguarding Enquiries Process).

Appendix 1: Resources

Body map for Initial Recording

1. Introduction

There is, rightly, much focus on children who are victims of child sexual exploitation (CSE). However, when they reach their 18th birthday and become adults, their needs, in relation to the abuse and trauma they have experienced as children, need to be recognised by the adult services which are responsible for their care and support, in order to be able to offer them the most appropriate support and promote their wellbeing.

There are different groups of adult victims / survivors of child sexual exploitation (CSE) and organised sexual abuse.

First are those who continue to be abused by perpetrators once they turn 18, and who should be responded to through safeguarding adults processes. Second are those who are no longer being abused but disclose historic or previous CSE, which adult social care and the police have a duty to respond to if it is reported to them. Third, even when the sexual abuse, physical abuse and psychological abuse has ended, many survivors will require care and support as adults, due to complex personal issues which they may suffer as a result of the trauma they experienced. These can include mental ill health, self-harm, problematic use of drugs or alcohol and interrupted schooling or college, resulting in unemployment or low paid jobs.

In addition, some adults may also be vulnerable to organised sexual abuse (OSA), being targeted for the first time as adults not as children. In particular this applies to those who have care and support needs due to learning or physical disabilities, especially if they are in residential accommodation.

The vulnerabilities of these adults must be recognised by staff who are responsible for their care and support, so they can offer them the most appropriate support and promote their wellbeing. Whilst the focus is often on girls and young women, young men are also victims too, although it can be harder for them to report their abuse which therefore remains hidden.

This chapter provides guidance to practitioners and managers working in adult care services about working with adults affected by CSE or OSA.

2. Definitions and Terms Used

2.1 Sexual exploitation

Sexual exploitation is a form of abuse. It occurs where a person, or group of people, take advantage of an adult (including those with care and support needs) to coerce, manipulate or deceive them into sexual activity for the perpetrator/s advantage. The perpetrator uses their power to get the adult to do sexual acts for the perpetrator’s own – or other people’s – benefit or enjoyment. Children and young people can also be victims (see Safeguarding Children Partnership Procedures).

An imbalance of power is at the core of the ‘relationship’ between the perpetrator and their victim, which allows them to coerce, manipulate and / or deceive the adult. Psychological, physical and sexual abuse are often used to control them, especially to prevent them reporting the abuse to family, friends or professionals.

Sexual exploitation can vary from a one-off exploitative situation between a couple for example, to organised crimes where adults are sexually abused on a large scale, including being trafficked to different places.

Sexual exploitation may also take place in exchange for basic necessities such as food, accommodation or protection or something else that the victim needs or wants.

Sexual exploitation and abuse are criminal offences. Practitioners can seek advice from the local police public protection unit or specialised sexual exploitation multi-agency team, using anonymised examples, if required.

2.2 Gangs and groups

Some perpetrators operate on their own, but sexual exploitation / abuse can also be organised and planned by criminals who are either:

• part of a street based gang or social group and are involved in different types of criminal activity and violence in particular geographical areas and are in conflict with other similar groups. Sexual abuse and violence are just some of the crimes they are involved in, rather than their only focus.
• groups of two or more people who are connected through associations or networks including friendship groups. Their main purpose is to sexually exploit victims.

2.3 Grooming

Grooming is when someone builds an emotional connection with a child or an adult, to gain their trust for the purposes of sexual abuse / exploitation. This can happen in person and online. Groomers can spend considerable time gaining their victim’s trust, hiding their true abusive intentions. Their methods include:

• giving the victim a lot of attention and making them feel wanted and loved, often through flattery;
• being understanding and listening to them;
• buying or giving them gifts;
• taking them out,
• giving them drugs or alcohol – often for the first time – and making life with them seem exciting;
• making them believe they are in a relationship together.

2.4 Organised sexual abuse

Organised sexual abuse by groups includes:

• repeated sexual abuse / rape by their ‘boyfriend’ and his friends;
• being trafficked to other towns and cities for the purposes of organised sexual abuse;
• being verbally and physically threatened / abused if they try to exit the abuse;
• family and friends being physically threatened;
• attempts to groom younger siblings or friends;
• being plied with alcohol and drugs to make them compliant to the point of addiction.

2.5 Terms used in this guidance

The term exploitation is when a person gains unfair advantage over another. It is commonly used to describe the behaviour of some perpetrators in relation to adults (and children).  While it may be an appropriate term at the grooming stage of exploitation (see Section 3, Signs of Sexual Exploitation / Organised Sexual Abuse in Adults), in the most serious cases which involved rape, multiple rape, gang rape and physical violence and emotional / psychological abuse, using the term ‘exploitation’ can disguise the level of harm that is perpetrated against the victim and the seriousness of the sexual offences being committed. This chapter therefore uses the term ‘sexual exploitation / organised abuse’. This is also the approach adopted by a number of agencies, including the National Crime Agency (NCA).

3. Signs of Sexual Exploitation / Organised Sexual Abuse in Adults

The following are signs of sexual exploitation / organised abuse among adults. Practitioners working with adults who have care and support needs should look out for:

• acquisition of money, clothes, mobile phones etc without plausible explanation;
• gang association and / or isolation from peers / social networks;
• unexplained absences from school, college or work;
• being excluded from school or college for unacceptable behaviour;
• leaving home / care without explanation and persistently going missing or returning late;
• excessive receipt of texts/phone calls, particularly when the adult will not say who they are from;
• returning home under the influence of drugs / alcohol;
• showing inappropriate sexualised behaviour / having sexually transmitted infections;
• evidence of / concerns about physical or sexual assault;
• relationships with controlling or significantly older individuals or groups;
• frequenting areas known for sex work;
• concerning use of internet or other social media;
• increasing secretiveness; and
• self-harming or significant changes in their emotional wellbeing.

Some adults can be at increased risk of sexual exploitation. These include if they:

• are homeless;
• are using drugs or alcohol;
• do not have the mental capacity to consent to sexual activity;
• are being trafficked;
• were sexually abused as a child.

The Care Act 2014 places a duty on local authorities to make enquiries if there are concerns that an adult with care and support needs is experiencing or at risk of abuse or neglect, and, as a result of those needs, is unable to protect themselves. This applies, for example, where an adult discloses sexual exploitation / organised abuse or if a member of the public or parent expresses concerns about an adult. See also Section 7, Taking Action.

4. Residential Care / Supported Living

When managers have concerns that adults living in residential homes or supported living arrangements – for which they are responsible – are being targeted by perpetrators, they should undertake an assessment in relation to this specific risk to identify adults who are experiencing or at risk of sexual exploitation / organised abuse. This should include people in residential care, supported living environments, and those in the process of transition from children’s services (including child protection) to adult care / adult safeguarding.

5. Transition from Children’s to Adults’ Services

When young people who have been sexually exploited move from children’s services to adult care, it is important that their needs are clearly identified and a plan is put in place to ensure ongoing support and protection. Any support needs of their parents  / carers should also be identified and addressed. See also Transition to Adult Care and Support chapter.

6. Assessments / Risk Assessments

6.1 Listening and building relationships

Many reports and enquiries about child sexual exploitation and organised sexual abuse have found that professionals, family members and the public who were raising concerns were often not properly listened to. There are also other difficulties which prevent victims coming forward.

Victims of abuse often find it difficult to talk about what happened to them, particularly if they have been sexually abused as it will require disclosing very personal details. Undertaking assessments is e a difficult time for victims / survivors, as it involves disclosing very distressing intimate information as well as taking initial steps to form trusting relationships with the professionals supporting them.

Relationships of trust need to be built over time and staff need to be appropriately skilled in active listening to pick up on small clues or unexplained changes in behaviour, which may arise during contact with adults who are experiencing / have experienced sexual abuse. Where adults do disclose concerns about sexual exploitation/abuse, these must be ‘heard’, taken seriously and acted upon. See Section 7, Taking Action.

6.2 Consent

Issues of consent are complex, and practitioners should seek advice from their manager, legal department or specialist service where they are unsure. The police should be contacted for advice if practitioners are concerned crimes have been committed against the adult.

In summary, if an adult lacks mental capacity, they cannot legally consent to have sex (see Mental Capacity chapter). Sexual acts with an adult who lacks the mental capacity to consent is sexual assault and is a criminal offence under Sexual Offences Act 2003.

Adults with mental capacity to make decisions about their sexual relationships can still be at risk of being manipulated, coerced or sexually exploited; their circumstances may still meet the safeguarding criteria. Section 42 safeguarding enquiries or other appropriate risk management planning and processes should work with the adult towards finding ways to support them in exiting the abusive situation.

In such circumstances, the power of Inherent Jurisdiction enables the courts (the High Court) to issue directions or orders to support the adult who has capacity, but is being coerced or controlled and where fear impacts their ability to give genuine and informed consent.

If the adult indicates that they want to receive a service relating to sexual exploitation – or any other intervention related to their care and support needs – they should be given all the necessary information for them to understand what is involved before giving consent for their information to be shared with other relevant practitioners as appropriate.

7. Taking Action

Staff should follow the South Tyneside Safeguarding Adults procedures, and contact adult social care regarding any concerns. A safeguarding adults discussion / meeting – with the adult at the centre of discussions – may be needed to agree and plan action. This must involve the police whose role is to investigate crimes that may have been committed, collect evidence and present the case to the Crown Prosecution Service if relevant, for a decision on  whether it is appropriate to charge the individuals (see Safeguarding Enquiries Process).

7.1 Post-abuse support

Whether or not alleged perpetrators are charged, sexual abuse often has long-lasting effects for victim-survivors and their families. These include psychological and emotional trauma affecting relationships and future parenting abilities, to mental health and substance misuse issues. These place further stress on victims and their families and a need for health and social care services.

The provision of appropriate support to those who have suffered trauma can significantly improve their lives in terms of health and family relationships. Survivors are likely to require support and therapeutic intervention for an extended period of time.

8. Supervision

See also Supervision chapter

Services should ensure that their staff receive regular supervision so they can reflect on their practice. Staff who offer direct support to sexually exploited adults may also require further intensive training and specialist support.

1. Introduction – A Shared Responsibility

The statutory guidance Working Together to Safeguard Children provides the framework for multi-agency work to help, protect and promote the welfare of children. It defines safeguarding and promoting the welfare of children as:

Working Together to Safeguard Children also highlights that:

• Whenever staff are with supporting / working with adults, they should ask whether there are children in the family / household, and take action to respond if there are signs that any children need help or protection from harm (see Section 2.1, Safeguarding children).
• Adults who have mental health problems, misuse drugs or alcohol, are in a violent relationship, have complex needs or have learning difficulties are likely to benefit from parenting support (see Section 2.2 Early help).

2. Acting on Concerns

2.1 Safeguarding children

If a member of staff or volunteer working with an adult has concerns that a child is suffering or is likely to suffer significant harm, they should act on these concerns, either by sharing them with the safeguarding lead in their organisation or contacting children’s social care directly.

Where possible, the adult/s should be informed that the practitioner has concerns which they are going to share, but it is not necessary to seek consent to share information for the purposes of safeguarding or promoting the welfare of a child. Referrals can also be made without first informing parents or carers if doing so would place a child at risk.

It is important to recognise that where there are concerns than an adult is experiencing or at risk of abuse or neglect, any children in the same household are likely to be affected, or at risk too.

2.2 Early help

As well as being alert to safeguarding children concerns, staff and volunteers who work with adults have a key role in identifying children who could benefit from additional multi-agency support, called early help. Early help aims to improve a family’s resilience and outcomes and reduce the chance of a problem getting worse.

Children who could benefit from early help include those who:

• are a young carer;
• are bereaved;
• are at risk of being radicalised;
• are viewing problematic and / or inappropriate online content (for example, content linked to violence), or developing inappropriate relationships online;
• are living in challenging family circumstances, such as parental drug and alcohol misuse, mental health issues and / or domestic abuse;
• have a parent or carer in custody.

Unlike safeguarding children responses, early help is voluntary, and families must give their consent to receive the support and services offered. Requests for early help support are coordinated by children’s social care; see South Tyneside Safeguarding Children Procedures for more information.

3. Young Carers

A young carer is a child or young person under the age of 18 who provides unpaid care for a relative who has disabilities, long-term physical illnesses, mental health difficulties and / or drug or alcohol issues.

Local authorities must carry out an assessment whenever it appears that a young carer has a need for support.

When an adult is receiving care and support services, any assessments carried out should always include discussions about children in the household to identify if they have caring responsibilities and whether they require support as a young carer. Information on children or young people who have caring responsibilities should be shared with children’s social care so they can receive an assessment and relevant support.

4. Opportunities for Joint Working

Although the local Safeguarding Adults Board (SAB) and Safeguarding Children Partnership have duties and responsibilities as a result of different legislation (Care Act 2014; Children Act 1989; Children Act 2004; Children and Social Work Act 2017), there are overlaps in the structures and processes they use and the organisations and professionals which are represented on both.

In addition, many of the key safeguarding issues span both children’s and adult safeguarding, including domestic abuse, forced marriage, female genital mutilation, cuckooing and county lines exploitation, modern slavery and radicalisation. Opportunities to develop joined up responses and share learning and best practice between children’s and adults services should therefore be identified.

1. Introduction

Carers, in this context, are usually family members or a friend.

Carers can play an important role in preventing and detecting abuse and neglect of the people they care for.  The vast majority of carers strive to act in the best interests of the person they support. There are times, however, when carers may themselves experience abuse from the person to whom they are offering care and support or from the local community in which they live.

Risk of harm to the supported person may also arise because of carer stress, tiredness, or lack of information, skills or support. Also, there may be times where the harm caused is deliberate.

Circumstances in which a carer could be involved in a situation that may require a safeguarding response from agencies include:

• a carer may witness or talk about abuse or neglect in relation to the adult they care for, or another person;
• a carer may experience intentional or unintentional harm from the adult they are supporting, or from professionals and organisations they are in contact with;
• a carer may harm or neglect the adult they support on their own or with others. This may, or may not, be deliberate.

Where there is intentional abuse, adult safeguarding under the Care Act should always be considered.

All staff and professionals should support a human rights based approach to issues of abuse and neglect and to the recognition and support of carers.

Work developed by the Association of Directors of Adult Social Services (ADASS), carers groups, commissioners and organisations working with carers, identify six distinct areas related to carers and safeguarding:

• partnership working;
• prevention;
• support;
• information and advice;
• advocacy;
• role of carers in strategic planning.

2. Partnership Working

Carers have a wealth of information and knowledge about the person that they support. As well as raising concerns, carers are able to support safeguarding enquiries by sharing information and are valued partners in such enquiries. Their views may hold the key to protecting people. If a carer speaks up about abuse or neglect, it is essential that they are listened to and appropriate enquiries made carers may identify and mitigate risk and act as advocates. The lessons from Transforming Care (Local Government Association) and other public inquiries need to be taken forward in viewing carers as equal partners unless there are valid reasons not to.

Where the adult lacks capacity, carers may reasonably provide professionals with the outcome they consider the adult at risk would want, as they know the persons likes and dislikes, what relationships are important to them and what relationships they may find difficult. Consideration for the carer and adult in safeguarding plans, in for example family conferences that have their own dynamics, need to take into account conflicting views as carers may not want the same outcome as the adult they are supporting (see the chapter on Stage 3: Plan / Review).

3. Support

‘If a carer experiences intentional or unintentional harm from the adult they are supporting, or if a carer unintentionally or intentionally harms or neglects the adult they support, consideration should be given to whether, as part of the assessment and support planning process for the carer and, or, the adult they care for, support can be provided that removes or mitigates the risk of abuse.’ (Chapter 14, Care and Support Statutory Guidance).

See also Support for Carers, South Tyneside Council

3.1 Information and Advice

See also Information and Advice chapter.

Carers need to know how they can find support and services available in their area, and be able to access advice, information. Carers need to know, that they can raise a concern in a safe environment and be confident that their concerns will be acted upon. It might be that people are unaware that the actions that they take could be perceived by others as abusive. For example, someone with a learning disability entitled to state benefits to meet their living expenses, and to have money as part of their access to leisure and other personal requirements may have this controlled by a family member.

Carers should have access to information and advice in a way that is meaningful to them and may themselves be in need of care and support and need to know how they can access services. See also Support and Care for Adults, South Tyneside Council.

3.2 Assessments

The Care Act includes protection from abuse and neglect as part of the definition of wellbeing (see Promoting Wellbeing chapter). As such, a needs assessment for the carer’s assessment is an important opportunity to explore the individuals’ circumstances and consider whether it would be possible to provide information or support that prevents abuse or neglect from occurring. This may be for example, by providing training to the carer about the condition that the adult they care for has, or to support them to care more safely. Where that is necessary the local authority should make arrangements for providing such interventions.

The carer’s assessment is distinct from a needs assessment. Safeguarding should always be at the forefront of assessments. Professionals need to be candid with carers about the risks that a carer’s assessment may identify for either preventing the need for safeguarding to them, or preventing the risk of the carer abusing the person that they are caring for.

Whole family assessments might also be considered using the framework of Think Family as an appropriate way forward. Working collaboratively with other agencies, carers may also receive support from a number of agencies.

4. Safeguarding Enquiries

If a carer raises any issues about abuse or neglect, it is essential that they are listened to and that, where appropriate, a safeguarding enquiry is undertaken and other agencies are involved as required.

Families, who view individual benefits as part of the family income, may not view their actions as abusive, but where the adult they are supporting has little or no choice about how their money is spent, this could be seen as financial abuse by others.  Where carers may have acted in a way that constitutes abuse staff should respond according to adult safeguarding procedures so that the adult is safeguarded appropriately. Whilst there may be mitigating circumstances to take into consideration the wellbeing and safety of the adult should be paramount.

If a carer experiences intentional or unintentional harm from the adult they are supporting, or if a carer unintentionally or intentionally harms or neglects the adult they support, consideration should be given to:

• removing or reducing risk – whether, as part of the assessment and support planning process for the carer and / or the adult they care for, support can be provided that removes or reduces the risk of abuse. This may include, for example, the provision of training, information or other support that minimises the stress experienced by the carer. In some circumstances the carer may need to have independent representation or advocacy (see Independent Advocacy chapter); in others, a carer may benefit from having such support if they are under great stress;
• involving other agencies – whether other agencies should be involved: in some circumstances where it is possible a criminal offence has been committed this will include alerting the police, or in others the primary healthcare services may need to be involved in monitoring the situation.

Other key considerations for carers should include:

• involving carers in safeguarding enquiries relating to the adult they care for, as appropriate;
• whether or not a joint assessment of the adult and the carer is appropriate in each individual circumstance;
• the risk factors that may increase the likelihood of abuse or neglect occurring;
• whether a change in circumstance changes the risk of abuse or neglect occurring.

A change in circumstance should also trigger the review of the care and support plan and, or, support plan (see Care and Support Planning chapter).

5. Advocacy

In some instances, the most appropriate person to support the adult and act as an advocate is the primary carer. Where the carer is acting in the role of advocate, they may need support to do so, therefore professionals need to provide information and ensure that it is understood. The carer themselves may be in need of an advocate. For example, where there are safeguarding concerns about an older person with their own care and support needs caring for a partner with dementia. Assumptions should not be made about carers acting as advocates or being in need of advocacy and each case should take account of the personal circumstances.

Advocacy can be helpful in all kinds of situations when the adult or their carer is finding it difficult to have their opinions and choices heard. There are numerous advocacy services that can offer support depending on the individual’s circumstance and the outcomes they wish to achieve.

Community Advocacy services refers to all advocacy that is not a legal entitlement and offers support with a range of situations. Organisations such as POhWER, SEAP and VoiceAbility can all offer further advice.

Advocacy for a specific cause is offered by charities and organisations which can provide advocacy for a specific issue. Examples include Shelter who offers advocacy for people experiencing housing problems and Coram Voice who offers mental health advocacy for young people in care.

Group advocacy (also known as collective advocacy) is where a group of people with similar experiences meet to support each other and collectively strengthen their voice. Mental health charities, like the National Survivor User Network for Mental Health (NSUN), has a network of mental health service user groups across the UK, as well as Mind and Mind’s Infoline.

Peer advocacy: Peer advocates have lived experience of a mental health problem and can offer support to help adults cope with a range of problems.

Statutory advocacy offers a legal entitlement to advocacy in certain circumstances. There are three types of statutory advocates in England and Wales: Independent Mental Health Advocates (IMHAs), Independent Mental Capacity Advocates (IMCAs) and advocates supporting people under the Care Act 2014.  See Independent Advocacy for further information.