B1400 Policy - Protecting Vulnerable People

Number: B1400
Date Published: 29 September 2021
Version 6 – September 2021

1.0 Summary of Changes

The policy has undergone its yearly review and been updated as follows:

• New EIA attached;
• Reference made to new “currently in draft” procedure relating to Sunflower Suites which will be linked once published;
• Link added within section 8 to Making Safeguarding Personal: What might ‘good’ look like for the Police;
• Owner and author details updated.

2.0 What this Policy is About

Essex Police is committed to the protection of vulnerable adults and children.

This policy is formulated in recognition that abuse of vulnerable adults and children is widespread, but frequently unrecognised.

Abuse can take place in many situations, including at home. Abuse may be perpetrated by someone in a position of trust, power or authority that uses their position to the detriment of the health, safety, or welfare and general wellbeing of another person. The perpetrator may be a relative, friend or family member, someone in a voluntary or professional care (or other) role, another service user or a stranger.

The purpose of adult safeguarding is to prevent harm and reduce the risk of abuse or neglect to adults with care and support needs. The statutory framework introduced under the Care Act applies to any person aged 18 or above who:

• Has needs for care and support (regardless of the level of need and whether or not the local authority is meeting any of those needs);
• Is experiencing, or is at risk of abuse or neglect; and
• As a result of those needs, is unable to protect themselves against the abuse or neglect or the risk of it.

Under this policy all children (those under 18 years of age) without exception have the right to protection from abuse.

This policy seeks to ensure the provision of the best possible service to victims who are especially vulnerable, often isolated and frequently in danger.

This policy and its associated procedures are based on the following guidelines:

• To investigate all reports of vulnerable adult/child abuse and neglect and to protect the rights of the vulnerable victims of crime;
• We will adhere to the principle of Making Safeguarding Personal, to ensure that safeguarding is person-led and focused on the outcomes that they want to achieve. The Care Act 2014 states that Local Authorities must promote wellbeing when carrying out any of their care and support functions in respect of a person, and that person should be enabled to participate as fully as possible in decisions at every stage in their care. In so doing investigators will ensure that the views of the victim (and their independent advocates or representatives if they lack capacity) are sought;
• To protect the lives of vulnerable people and ensure that the policing of abuse and welfare of all vulnerable victims is paramount;
• To investigate all reports of abuse and neglect and to protect the rights of the vulnerable adults and children to prevent them becoming victims of crime or anti-social behaviour;
• To take effective action against offenders so they can be held accountable through the criminal justice system, while safeguarding the welfare of the vulnerable person;
• To adopt a proactive multi-agency approach to preventing and reducing abuse in line with the agreed arrangements of the Safeguarding Adults Boards and Local Safeguarding Children Boards;
• To ensure all young people and adults at risk of abuse and neglect, whatever their age, culture, disability, gender, language, racial origin, social-economic status, religious belief or sexual identify have the right to safeguarding from abuse and exploitation;
• Ensure all incidents of alleged poor practice, misconduct and abuse will be taken seriously and responded to swiftly and appropriately.

This policy underlines the commitment of Essex Police to continue to make all efforts possible to safeguard vulnerable people, support victims of abuse and to bring to justice those people responsible.

This policy provides a consistent and efficient response, with the key objective of safeguarding vulnerable people and investigating adult and child abuse and neglect.

Although every situation is unique, Essex Police recognises that safeguarding adults and children against abuse can take many forms. Abuse might consist of a single act or repeated acts of abuse. Abuse can be any of the following:

• Physical Abuse includes hitting, slapping, shaking, throwing, pushing, kicking, burning or scalding, suffocating, poisoning or misuse of medication, inappropriate restraint, or inappropriate sanctions; ‘Munchausen Syndrome by Proxy’ (factitious illness) may also constitute physical abuse, whereby the parent/guardian feigns symptoms or deliberately causes ill health in a child;
• Psychological Abuse includes emotional abuse, coercive control, threats of harm or abandonment, deprivation of contact or communication, humiliation, blaming, controlling, intimidation, harassment, verbal abuse, isolation or withdrawal from services or supportive networks;
• Financial or Material Abuse includes theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation or property, possessions or benefits;
• Sexual Abuse includes penetrative offences and sexual assault, contact or non-contact sexual acts to which the individual has not consented, or could not consent or was pressurised/enticed into consenting; Non-contact activities such as involving children looking at pornographic material, watching sexual activities or encouraging children to behave in sexually inappropriate ways also constitutes sexual abuse, whether or not the child is aware of what is happening. Adults with severe learning disabilities are also not deemed in law to be able to give consent to sexual acts;
• Sexual Exploitation involving the abusive coercion to undertake sexual acts in return for gift or favour.
• Neglect or Acts of Omission includes ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating, failure to report abuse or risk of abuse;
• Discriminatory Abuse includes that based on an individual’s ethnic origin, religion, language, age, sexual orientation, gender, disability, and other forms of harassment, slurs or similar treatment;
• Institutional Abuse indicated by repeated instances of unsatisfactory professional practice, pervasive ill treatment or gross misconduct indicating an abusive climate.

Compliance with this policy and any linked procedures is mandatory.

3.0 Statement of Policy

Safeguarding vulnerable people is a fundamental part of the duties of all Essex Police staff and police officers. This policy and its supporting procedures provide direction and clarity on how the Force will deal with protecting vulnerable people and they clearly set out the following:

• The required direction, together with relevant information, outlining the Force stance on protecting vulnerable people;
• The requirements and responsibilities placed upon all our staff to deal effectively with protecting vulnerable people in every aspect of their role;
• The legal obligations, which underpin the Force’s priorities, including the duties within the Human Rights Act and European Convention of Human Rights to protect life and to protect individuals from inhumane and degrading treatment;
• Working in partnership with agencies, partners and voluntary organisations including the Safeguarding Vulnerable Adults Boards and Local Safeguarding Children Boards;
• Recognising the particular challenges faced by children and adults at risk of abuse and neglect, such as learning or communication difficulties and ensuring they are appropriately supported.

4.0 Implications of the Policy

4.1 Finance / Staffing / Training / Other

There are no known additional financial implications other than those already incurred.

Safeguarding is everyone’s responsibility and Essex Police are aware that officers and staff have a duty to know what to do and how to act in regard to safeguarding.

All Essex Police officers and appropriate police staff will undertake the 2016 ‘Public Protection Awareness’ training course and those in specialist roles receive additional training.

Safeguarding also forms part of the Probationers Development Programme.
A robust management structure is in place which is responsible for all aspects of safeguarding vulnerable people.

4.2 Risk Assessment(s)

Police officers and police staff will adopt a generic risk assessment in line with the relevant procedure and in accordance with their individual roles.

4.3 Equality Impact Assessment

• EIA – July 2021.

5.0 Consultation

The following have been consulted during the formulation of this document:

• Federation
• Health & Safety
• Equality & Diversity Co-ordinator
• Unison
• Policy/Risk
• Crime & Public Protection (C&PP) Command Team
• Public Protection Investigation Hubs (DCI)
• Crime & Public Protection MOSOVO
• Crime & Public Protection MAPPA Manager
• Local Policing Areas (LPA) Command Team
• Crime & Public Protection Command Operations Centre (C&PPC OC)
• Strategic Change Team
• Professional Standards Department (PSD)
• Superintendents Association
• Force Legal Department

6.0 Monitoring and Review

Monitoring of this policy will be the responsibility of The Head of Crime and Public Protection and will take place within the annual review process or when a significant event necessitates an earlier change.

The Head of Crime and Public Protection will review this policy and ensure it remains accurate and compliant with both legislation and national/local drivers.

The Head of Crime and Public Protection will ensure that the policy remains accurate and fit for purpose.

7.0 Related Force policies or related procedures

• B 1402 Procedure – Hate Crime
• B 1406 Procedure – Honour Based Abuse including Forced Marriage
• B 1407 Procedure – Safeguarding Vulnerable Adults
• B 1410 Procedure – Management of Registered Sex Offenders
• B 1000 Policy – Investigation of Rape and Serious Sexual Offences
• B 1005 Procedure- Rape and Serious Sexual Offences
• B 1200 Policy – Child Abuse Investigations
• B 1201 Procedure – Child Abuse
• B 1600 Policy – Missing Persons
• B 1601 Procedure – Missing Persons
• B 1700 Policy – Domestic Abuse
• B 2501 Procedure- Victim Contact
• B 1415 Procedure - Sunflower Suite (PENDING will be linked once published)

7.1 Data Security

Essex Police have measures in place to protect the security of your data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

7.2 Retention & Disposal of Records

Essex Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

We will only hold data for as long as necessary for the purposes for which we collected. Victims/public should be reminded that Essex Police take the protection of personal data seriously as described in the privacy notice.

8.0 Other source documents, e.g., legislation, Authorised Professional Practice (APP), partnership agreements (if applicable)

• Authorised Professional Practice (APP) – Restricted site
• Authorised Professional Practice (APP) – Public Site
• Care Act 2014
• SET Safeguarding Adults Guidelines
• SET Safeguarding and Child Protection Procedures 2018
• ACPO 2009 Guidance on Investigating Child Abuse and Safeguarding Children
• Guidance on Safeguarding and Investigating the Abuse of Vulnerable Adults First Edition 2012
• CPS guidance – Restraining orders, Section 5, Protection from Harassment Act 1997
• Multi- Agency practice guidelines Handling Cases of Forced Marriage - HM Government; June 2014
• Forced Marriage and Learning Disabilities – Multi-agency practice guidelines - HM Government;
• DASH Questionnaire;
• ACPO 2010 Guidance on Responding to People with Mental Ill Health or Learning Disabilities
• www.ncdv.org.uk;
• NPIA Guidance on the Management, Recording & Investigation of Missing Persons 2010;
• Investigating Child Abuse and Safeguarding Children – College of Policing, Authorised Professional Practice
• ACPO Guidance on Protecting the Public - Managing Sexual Offenders and Violent Offenders 2010;
• Hate Crime Operational Guidance – College of Policing
• Making Safeguarding Personal: What might ‘good’ look like for the Police
• NPIA Practice Advice on Stalking and Harassment 2009
• EIA – July 2021.