Safeguarding Adults Policy
Fenland Clarion Cycling Club is committed to ensuring that everyone participating in cycling does so in a safe and enjoyable environment. Adult safeguarding is working with adults with care and support needs to keep them safe from abuse or neglect. An adult is anyone aged 18 years and over.
Although there are many similarities with safeguarding adults and children there are also some distinct differences. For this reason, Fenland Clarion Cycling Club has created a separate Safeguarding Adults Policy.
Abuse of adults links to circumstances rather than the characteristics of the people experiencing the harm. Safeguarding duties apply to any individual who is identified as an Adult at Risk. This is an adult who:
- Has needs for care and support (whether or not the local authority is meeting any of those needs) and;
- Is experiencing, or is at risk of, abuse or neglect;
- As a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of, abuse or neglect.
Everyone involved in cycling has regular contact with many people and so have a crucial role in the support, identification and reporting of adults who may be at risk of harm, irrespective of their role, whether or not they are Fenland Clarion Cycling Club members, involved in a professional or voluntary capacity or as a spectator or participant.
Fenland Clarion Cycling Club recognises the following principles which underpin the guidance given in the policy and procedures:
- All adults, regardless of age, ability or disability, gender, race, religion, ethnic origin, sexual orientation, marital or gender status have the right to be protected from abuse and poor practice and to participate in an enjoyable and safe environment.
- We will seek to ensure that our sport is inclusive and make reasonable adjustments for any ability, disability or impairment, we will also commit to continuous development, monitoring and review.
- Everyone involved in cycling activities have the right to be listened to with respect and to be heard.
- We recognise that ability and disability can change over time, such that some adults may be additionally vulnerable to abuse, in particular those adults with care and support needs.
- We will support everyone to understand their roles and responsibilities with regards to safeguarding and protecting adults at risk, including the responsibility to report all concerns in line with Fenland Clarion Cycling Club safeguarding adults policy and procedures.
- All allegations will be taken seriously and responded to quickly in line with our Safeguarding Adults Policy and Procedures.
- Confidentiality will be maintained appropriately at all times and the adult’s safety and welfare must be the overriding consideration when making decisions on whether or not to share information about them.
- We recognise the role and responsibilities of the statutory agencies in safeguarding adults and we are committed to complying with the procedures of the Local Safeguarding Adults Boards.
THE SIX PRINCIPLES IN RELATION TO ADULTS AT RISK
The Care Act 2014 is the current legislation that sets out the six principles which underpin all adult safeguarding work:
- Empowerment: People being supported and encouraged to make their own decisions and informed consent.
- Prevention: It is better to take action before harm occurs.
- Proportionality: The least intrusive response appropriate to the risk presented.
- Protection: Support and representation for those in greatest need.
- Partnership: Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.
- Accountability: Accountability and transparency in delivering safeguarding.
The principles of the Mental Capacity Act 2005 (MCA) state that every individual has the right to make their own decisions and provides the framework for this to happen.
Making safeguarding personal is the concept that adult safeguarding should be person led and outcome focused. It engages the person in a conversation about how best to respond to their safeguarding situation in a way that enhances involvement, choice and control. As well as improving quality of life, well-being and safety.
Wherever possible we must discuss safeguarding concerns with the adult to get their view of what they would like to happen and keep them involved in the safeguarding process, seeking their consent to share information outside of the organisation where necessary.
GUIDANCE AND LEGISLATION
The practices and procedures within this policy are based on the principles contained within the UK legislation and Government Guidance. They have been developed to complement the Safeguarding Adults Boards policy and procedures, and take the following into consideration:
- The Care Act 2014
- The Protection of Freedoms Act 2012
- Domestic Violence, Crime and Victims (Amendment) Act 2012
- The Equality Act 2010
- The Safeguarding Vulnerable Groups Act 2006
- Mental Capacity Act 2005
- Sexual Offences Act 2003
- The Human Rights Act 1998
- The Data Protection Act 1994 and 1998
RESPONSIBILITIES AND IMPLEMENTATION
Fenland Clarion Cycling Club will work to promote the principles of safeguarding adults by:
- Reviewing Fenland Clarion Cycling Club policy and procedures every three years or whenever there is a major change in legislation or significant organisational change.
- Giving guidance on appropriate recruitment procedures to assess the suitability of volunteers and staff working with adults who have care and support needs.
- Following procedures to report welfare concerns and allegations about the behaviour of adults and ensure that all staff, volunteers, parents and participants, including children, are aware of these procedures.
- Directing staff, volunteers, coaches and officials to appropriate safeguarding training and learning opportunities, where this is appropriate to their role.
Fenland Clarion Cycling Club seeks to help affiliated organisations and individual members understand their responsibilities through the provision of clear guidance and support.
COMPLAINTS, CONCERNS AND ALLEGATIONS
1.1 If any individual has a concern about the welfare of an adult, or you become aware that abuse or poor practice is taking place, suspect abuse or poor practice may be occurring or be told about
something that may be abuse or poor practice then, these concerns should be brought to the attention of the British Cycling Lead Safeguarding Officer without delay.
The person reporting the concern is not required to decide whether abuse has occurred, but simply has a duty to share their concerns and any relevant information to the British Cycling Lead Safeguarding Officer.
Please refer to the Flowchart “What to do if you have a concern about an adult” [below] for further details.
1.2 Concerns should be reported initially to the Fenland Clarion Welfare Officer who will record the issue on an Incident Report Form and send to the British Cycling Lead Safeguarding Officer within 24 hours.
1.3 All concerns will be treated in confidence. Details should only be shared on a ‘need to know’ basis with those who can help with the management of the concern.
1.4 British Cycling will work with clubs/teams, regions and other external agencies to take appropriate action where concerns relate to potential abuse or serious poor practice. British Cycling disciplinary procedures will be applied and followed where possible.
1.5 Any concerns about an individual that relates to their suitability to work, volunteer with or participate alongside adults with care and support needs must be reported to the British Cycling Safeguarding Lead Officer. A safeguarding risk assessment will be completed and British Cycling disciplinary procedures will be applied and followed where appropriate.
1.6 Safeguarding adults at risk requires everyone to be committed to the highest possible standards of openness, integrity and accountability. British Cycling supports an environment where staff, volunteers, parents/carers and the public are encouraged to raise safeguarding concerns.
Anyone who reports a legitimate concern to the organisation (even if their concerns subsequently appear to be unfounded) will be supported. All concerns will be taken seriously.
1.7 It is important when considering your concern that you also understand the concept of Making Safeguarding Personal and consider the needs and wishes of the person at risk.
1.8 British Cycling may take action to restrict a member’s involvement in cycling during an ongoing investigation. This is a neutral act. At a later stage the individual may be subject to action under the British Cycling Safeguarding and Disciplinary Regulations.
1.9 All concerns will be referred to the British Cycling Case Management Group who will advise the Lead Safeguarding Officer on the appropriate course of action to take and ensure that all allegations, incidents and referrals relating to the safeguarding of adults at risk are dealt with fairly and equitably.
1.10 Details relating to the adult at risk will be kept on file and secure. Details will not be shared with a third party without consent unless the information is required in the interests of safeguarding and the person may be at greater risk if relevant parties are not made aware. All concerns /allegations will be dealt with confidentially by British Cycling and information will only be shared on a need to know basis, either internally or externally depending on the nature/seriousness of the concern/allegation.
1.11 Anyone unhappy with the action taken by the Lead Safeguarding Officer, following the referral of a concern relating to poor practice or suspected abuse, may submit a complaint, following the British Cycling complaints procedure.
RESPONDING TO DISCLOSURE OF ABUSE
If an adult indicates that they are being abused the person receiving the information should:
- Stay Calm.
- Listen carefully to what is said, allowing the adult to continue at their own pace, and take it seriously.
- Explain that it is likely the information will have to be shared with others - do not promise to keep secrets.
- Keep questions to a minimum, only ask questions if you need to identify/clarify what the person is telling you. Take care to distinguish between fact, observation, allegation and opinion. It is important that the information you have is accurate.
- Reassure the person that they have done the right thing in revealing the information.
- Ask them what they would like to happen next.
- Explain what you would like to do next and ask if they are happy for you to share the information in order for you to help them. As long as it does not increase the risk to the individual, you should explain to them that it is your duty to share your concern with your Club Welfare Officer.
- Record in writing what was said using the adult’s own words as soon as possible.
- Dismiss the concern.
- Panic or allow shock or distaste to show.
- Probe for more information than is offered.
- Make promises that cannot be kept.
- Conduct an investigation of the case.
- Make negative comments about the alleged perpetrator.
If the matter is urgent and relates to the immediate safety of an adult at risk then contact the police
immediately. Contact the Club Welfare Officer who will complete an Incident Form and copy it to the British Cycling Lead Safeguarding Officer within 24 hours.
SIGNS AND INDICATORS OF ABUSE AND NEGLECT
Abuse can take place in any context and abuse may be inflicted by anyone. Participants, members, staff, volunteers, coaches or officials may suspect that an adult is being abused or neglected in or outside of the sport. There are many signs and indicators that may suggest someone is being abused or neglected, these include but are not limited to:
- Unexplained bruises or injuries – or lack of medical attention when an injury is present.
- Person has belongings or money going missing.
- Harassment of a participant because they are or are perceived to have protected characteristics.
- Not meeting the needs of the participant. E.g. training without a necessary break.
- Person is not attending / no longer enjoying their sessions.
- Someone losing or gaining weight / an unkempt appearance.
- A change in the behaviour or confidence of a person.
- A fear of a particular group or individual.
- They may tell you / another person they are being abused – i.e. a disclosure.
GOOD PRACTICE GUIDANCE
2.1 All clubs/teams should follow safe recruitment procedures when appointing staff and volunteers.
All clubs/teams should ensure that when appointing staff and volunteers appropriate checks are made relevant to the activity or role being recruited. For more recognised/formal roles (i.e. Coach) it may be necessary to request sufficient written details of previous volunteering experiences or relevant employment working with adults, a reference and details of a DBS check where eligible.
New staff will be supported via a thorough Induction Process appropriate risk assessments will be carried if the situation requires this, e.g. Coaches who run an activity.
2.3 All adults should be treated equally and their dignity should be preserved. This includes giving more and less talented members of a group similar attention, time and respect.
It can be difficult to distinguish poor practice from abuse, whether intentional or accidental. It is not the responsibility of any individual to make judgements regarding whether or not abuse is taking
place, however, everyone has the responsibility to recognise and identify poor practice and potential abuse, and act on this if they have concerns.
3.1 The Care Act 2014 statutory guidance advises that the first priority in safeguarding should always be to ensure the safety and well-being of the adult.
3.2 Adults have a general right to independence, choice and self-determination including control over information about themselves.
3.3 British Cycling does not expect staff, volunteers, coaches, officials and members to assist an adult who is felt to be vulnerable or at risk with their decision making process, but we do expect them to inform the British Cycling Lead Safeguarding Officer (via the Fenland Clarion Club Welfare Officer) without delay so that they can clearly define the various options to help support the adult at risk to make a decision about their safety.
As long as it does not increase the risk to the individual, it should be explained to them that it is their duty to share their concern with the safeguarding lead.
Consent is not required to seek guidance or share information within the organisation.
3.4 Adults may not give their consent to the sharing of safeguarding information outside of the organisation for a number of reasons. For example, they may be unduly influenced, coerced or intimidated by another person, they may be frightened of reprisals, they may fear losing control, they may not trust social services or other partners or they may fear that their relationship with the abuser will be damaged. Reassurance and appropriate support may help to change their view on whether it is best to share information.
3.5 Those seeking to support the adult should consider the following:
- Explore the reasons for the adult’s objections – what are they worried about?
- Explain the concern and why you think it is important to share the information.
- Tell the adult with whom you may be sharing the information with and why.
- Explain the benefits, to them or others, of sharing information – could they access better
- help and support?
- Discuss the consequences of not sharing the information – could someone come to harm?
- Reassure them that the information will not be shared with anyone who does not need to know.
- Reassure them that they are not alone and that support is available to them.
3.6 If the adult continues to refuse intervention to support them with a safeguarding concern, or requests that information about them is not shared with other safeguarding partners their wishes should be respected.
3.7 However, there are a number of circumstances where those seeking to support the adult can reasonably override such a decision, including but not limited to:
- It appears that the adult lacks the mental capacity to make that decision (this must be properly explored and further guidance should be sought from the British Cycling Lead Safeguarding Officer).
- Emergency or life-threatening situations may warrant the sharing of relevant information with the emergency services without consent
- Other people are, or may be, at risk, including children.
- A serious crime has been committed / may be prevented •
- Individuals in a Position of Trust are implicated. In such circumstances, it is important to keep a careful record of the decision making process and guidance should be sought from the British Cycling Lead Safeguarding Officer. Legal advice will be sought where appropriate. If the decision is to take action without the adult’s consent, then unless it is unsafe to do so, the adult should be informed that this is being done and of the reasons why.
- Useful Contacts
British Cycling Contacts
Lead Safeguarding Officer
National Cycling Centre
Tel: 0161 2742000
(Address your email FAO the Lead Safeguarding Officer)
Ann Craft Trust – Safeguarding Adults in Sport and Activity.
Tel: 0115951 5400
Local Police child
In an emergency contact 999
In an emergency 999
08457 90 90
Peterborough Adult Social Care
19a Broadway, Peterborough PE1 1TW
Tel: 01733 747474
CAPACITY – GUIDANCE ON MAKING DECISIONS
The issue of capacity or decision making is a key one in safeguarding adults. It is useful for organisations to have an overview of the concept of capacity.
We make many decisions every day, often without realising.
We make so many decisions that it’s easy to take this ability for granted.
But some people are only able to make some decisions, and a small number of people cannot make any decisions. Being unable to make a decision is called “lacking capacity”.
To make a decision we need to:
- Understand information
- Remember it for long enough
- Think about the information
- Communicate our decision
A person’s ability to do this may be affected by things like learning disability, dementia, mental health needs, acquired brain injury, and physical ill health. The Mental Capacity Act 2005 (MCA) states that every individual has the right to make their own decisions and provides the framework for this to happen. The MCA is about making sure that people over the age of 16 have the support they need to make as many decisions as possible.
(Whilst the MCA refers to those over the age of 16, it must be noted that the Fenland Clarion Cycling Club Safeguarding Children and Young People Policy should be followed for all children under the age of 18 years.)
To help you to understand the MCA, consider the following five points:
- Assume that people are able to make decisions, unless it is shown that they are not. If you have concerns about a person’s level of understanding, you should check this with them, and if applicable, with the people supporting them.
- Give people as much support as they need to make decisions. You may be involved in this – you might need to think about the way you communicate or provide information, and you may be asked your opinion.
- People have the right to make unwise decisions. The important thing is that they understand the implications. If they understand the implications, consider how risks might be minimised.
- If someone is not able to make a decision, then the person helping them must only make decisions in their “best interests”. This means that the decision must be what is best for the person, not for anyone else. If someone was making a decision on your behalf, you would want it to reflect the decision you would make if you were able to.
- Find the least restrictive way of doing what needs to be done.
- You should not discriminate or make assumptions about someone’s ability to make decisions, and you should not pre-empt a best-interest’s decision merely on the basis of a person’s age, appearance, condition, or behaviour.
- When it comes to decision-making, you could be involved in a minor way, or asked to provide more detail. The way you provide information might influence a person’s ultimate decision. A person may be receiving support that is not in-line with the MCA, so you must be prepared to address this.
GUIDANCE ON TYPES OF HARM
The Care Act 2014 recognises 10 categories of abuse that may be experienced by adults.
This covers a wide range of behaviour: neglecting to care for one’s personal hygiene, health or surroundings and includes behaviour such as hoarding.
This encompasses slavery, human trafficking, forced labour and domestic servitude.
This includes psychological, physical, sexual, financial and emotional abuse perpetrated by anyone within a person’s family. It also includes so called ‘honour’ based violence.
Discrimination is abuse which centres on a difference or perceived difference particularly with respect to race, gender or disability or any of the protected characteristics of the Equality Act.
This includes neglect and poor care practice within an institution or specific care setting such as a hospital or care home, for example, or in relation to care provided in one’s own home. This may range from one off incidents to on-going ill-treatment. It can be through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation.
This includes hitting, slapping, pushing, kicking, misuse of medication, restraint or inappropriate sanctions.
This includes rape, indecent exposure, sexual harassment, inappropriate looking or touching, sexual teasing or innuendo, sexual photography, subjection to pornography or witnessing sexual acts, indecent exposure and sexual assault or sexual acts to which the adult has not consented or was pressured into consenting.
Financial or material
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.
Neglect/Acts of omission
This includes ignoring medical or physical care needs, failing 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.
Emotional or psychological
This includes threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive.
Not included in the Care Act 2014 but also relevant to safeguarding adults in sport and physical activity:
Cyberbullying occurs when someone repeatedly makes fun of another person online or repeatedly picks on another person through emails or text messages, or uses online forums with the intention of harming, damaging, humiliating or isolating another person. It can be used to carry out many
different types of bullying (such as racist bullying, homophobic bullying, or bullying related to special educational needs and disabilities) but instead of the perpetrator carrying out the bullying face-to-face, they use technology as a means to do it.
This is a term used to describe a marriage in which one or both of the parties are married without their consent or against their will. A forced marriage differs from an arranged marriage, in which both parties consent to the assistance of a third party in identifying a spouse. The Anti-social Behaviour, Crime and Policing Act 2014 make it a criminal offence to force someone to marry.
A ‘mate crime’ is when vulnerable people are befriended by members of the community who go on to exploit and take advantage of them. It may not be an illegal act but still has a negative effect on the individual. Mate Crime is carried out by someone the adult knows and often happens in private. In recent years there have been a number of Serious Case Reviews relating to people with a learning disability who were murdered or seriously harmed by people who purported to be their friend.
The aim of radicalisation is to attract people to their reasoning, inspire new recruits and embed their extreme views and persuade vulnerable individuals of the legitimacy of their cause. This may be direct through a relationship, or through social media.