In Safe Hands - Action on Elder Abuse

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6.7 Regulators/<strong>In</strong>spectors. The minimum standards set out in section 7 of thisdocument supplement The Care Homes (Wales) Regulations 2002 and the National MinimumStandards for Care Homes for Older People and the National Minimum Standards for CareHomes for Younger Adults. Although the standards in this guidance are not ‘nationalminimum standards’ issued under the Care Standards Act 2000, they do constitute statutoryguidance and will be taken into account by the CSIW in their regulatory and enforcementfunctions. As the regulatory and NMS framework, under the Care Standards Act, continues tobe developed this guidance on the Protection of Vulnerable Adults from Financial Abuse will,as appropriate, be taken into account by CSIW.7. MINIMUM FINANCIAL & ACCOUNTING STANDARDS/CONTROLS INCARE HOMES AND SUPPORTED LIVING7.1 As stated in paragraph 1.2 this section relates to personal funds and monies collectedon behalf of, or held for the personal use of, service users who need assistance inadministering their financial affairs and who live (or are temporarily resident) in care homesor supported living settings. The level and type of assistance provided should beproportionate to the needs and risk assessment of the individual. The term 'funds andmonies' is wide ranging and includes sums payable by way of earnings, welfare benefits suchas the Personal Allowance or Disability Living Allowance (Mobility Element); Donations,bequests & gifts from families; and any allowances paid by a Local Authority for the personaluse only of individual service users.7.2 Separate, detailed, records should be kept of all such sums received, collected orexpended on behalf of the respective service user (see Section 7.4 below).7.3 <strong>Safe</strong> Keeping & Banking(a)A separate, designated, bank, building society or post office account should bemaintained by or for each service user. Advice received from the British BankingAssociation (BBA) states that, although there is not yet an agreed commonapproach, a bank may generally base the decision of whether to accept the riskof a third party running an account without obtaining a Court of ProtectionOrder on two factors, (i) whether the third party is able to provide bothevidence of ‘vulnerability/incapacity’ and (ii) of their relationship to thevulnerable person.BBA advice is that evidence of (i) vulnerability/incapacity might include:- a letter addressed to the bank from the customer’s medical practitioner clearlyspecifying that the customer is unable to manage their financial affairs,- a letter from the Court of Protection or solicitors acting for a proposedreceiver/registered Power of Attorney advising the bank that an application tothe court is being made,- a letter from social services or the local authority advising that the customer isunable to manage their financial affairs.Example of (ii) relationship to a vulnerable person might include:<strong>In</strong> <strong>Safe</strong> <strong>Hands</strong> - Update 2003
- if the third party has been granted the authority by the Benefits Agency tocollect benefits on behalf of the vulnerable/ incapacitated individual asevidenced by:• a letter from the Benefits Agency• a DSS form BF 57(b)(c)BBA advice is that when opening a bank account on behalf of a mentallyincapacitated person, both the third party and the individual for whom theaccount is being opened will need to be identified and verified according to thebank’s usual procedures.Authorities will wish to consider seeking their own advice in relation to thesematters.(d) The practice of 'pooling' funds belonging to more than one service user, within onecomposite current account is not acceptable or prudent. Neither is the residentsaccount to be used by the home in connection with the carrying on ormanagement of the home.(e)(f)(g)(h)Where the service user has accumulated large sums of cash in their current bank,building society or post office account(s), the service provider should formallynotify the respective care manager/care co-ordinator of this situation (if theservice user has capacity their permission should first be sought). Where aReceiver has been appointed by the Public Guardianship Office for a service user,it is imperative that the views of the Receiver be obtained at the earliestopportunity. What constitutes a large sum of money will depend on individualperspective and setting. For the purposes of this guidance a figure of £3000 isconsidered to be appropriate. Where service users have several accounts thisfigure should be cumulative. The care manager/care co-ordinator, afterdiscussion with the service provider about the service user's anticipated personalexpenditure needs, should give consideration to the appropriateness ofestablishing a separate deposit account in the service user's name.The signatories authorised to make payments by cheque, or withdraw cash fromthe bank, should be determined by a senior level of management in the serviceprovider organisation. <strong>In</strong> situations where the service provider organisation doesnot have different management tiers, eg a small home, the determination shouldbe made by the owner/manager. Maximum financial limits should be setregarding the amount of any single cash withdrawal; and the amount for whichcheques may be issued by a single authorised signatory. Cheque payments abovethe specified maximum limit should require two authorised signatories. Particularvigilance should be exercised by all parties with an interest in, or responsibilityfor, protecting the service user to ensure financial limits are not evaded bysplitting a single transaction into two or more smaller amounts.The practice of using pre-signed, blank, cheques is extremely imprudent andshould be forbidden.At least once a month, a statement should be prepared reconciling the recordedbalance(s) on each service user's Personal Cash and Bank Record (see Section 7.2<strong>In</strong> <strong>Safe</strong> <strong>Hands</strong> - Update 2003
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.IN SAFE HANDSIMPLEMENTING ADULT PR
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.2. A FRAMEWORK FOR WALES2.1 Wales
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.• Agreed decision making and fol
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.5. INTERAGENCY WORKING5.1 The Nati
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.• Local authority member level.
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.6. A POSITIVE SERVICE CULTURE6.1 W
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.7. SHARED DEFINITIONS7.1 For the p
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.are theoretically possible but who
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.7.16 Abuse which occurs within an
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.• initial adult protection refer
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.intimidated it is quite in order f
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.8.16 The case conference should al
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.9. PROTOCOLS FOR SHARING INFORMATI
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.10. MONITORING ARRANGEMENTS10.1 Ac
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.10.6 Periodic audits of individual
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.12. USEFUL CONTACT LIST12.1 A simp
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.34
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.APPENDIX 1VULNERABLE ADULTS - POLI
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.setting, manner and language appro
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.- any injury which has not been pr
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.- sudden, unexplained or inappropr
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.- dishevelled appearance- basic ne
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.consider whether abuse has occurre
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.Possible indicators44. These indic
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.APPENDIX 3DraftALL WALES REGISTRAT
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.The local Social Services Departme
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.• Where a resident/patient has n
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.• Where appropriate, the need fo
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.APPENDIX 4Carmarthenshire SSDFull
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.APPENDIX 4Powys C.CFLOW CHART: The
Page 65 and 66: .Complaint to professional body (ac
Page 67 and 68: .If yes:-PoliceHealthHousingOther S
Page 69 and 70: .And assuming something is done abo
Page 71 and 72: .What to record for monitoring purp
Page 73 and 74: .How often should monitoring be und
Page 75 and 76: .APPENDIX 7PREVENTION OF ABUSEEXAMP
Page 77 and 78: .APPENDIX 8LIST OF RELEVANT STATUTE
Page 79 and 80: .APPENDIX 9The legal context for ad
Page 81 and 82: .Section 48 authorises the local au
Page 83 and 84: .The Mental Health Act (MHA) 1983Se
Page 85 and 86: .Trespass to the person (assault &
Page 87 and 88: .Agency office, who will arrange to
Page 89 and 90: .The Official Solicitor does not re
Page 91 and 92: .ii) it is an offence to persuade a
Page 93 and 94: .APPENDIX 10PROTECTING VULNERABLE A
Page 95 and 96: .StatusThe documents were referred
Page 97 and 98: .allegations of abuse. All the docu
Page 99 and 100: .• Civil Law• Common Law• Fin
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Page 103 and 104: .100
Page 105 and 106: .102
Page 107 and 108: Update 2003Diweddariad 2003Update 2
Page 109 and 110: In Safe</s
Page 113 and 114: • people with sensory impairments
Page 115: Assessors6.2 The NHS and Community
Page 119 and 120: (f)Financial and accounting records
Page 121 and 122: 7.13 Transparency & In</str
Page 127 and 128: Sec 1: All vulnerable adults (conti
Page 129 and 130: Sec 4: formal arrangements (continu
Page 135 and 136: function undertaken by the Receiver
Page 137 and 138: . If someone is not happy with open
Page 139 and 140: Additional Contract requirements.5.
Page 141 and 142: REFERENCESResidents Money - A Guide
Page 143 and 144: - repaying, in certain circumstance
Page 145 and 146: - keep any property in a reasonable
Page 149 and 150: (c)(d)Power of Attorney and Endurin
Page 151 and 152: 8. Column 4 (Details of Transaction
Page 155 and 156: iv)It may be necessary to check med
Page 159 and 160: When someone has the mental capacit
Page 161 and 162: affecting patients. The administrat
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4) The PVA2 does not achieve the fo
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3.2 The CSIW will respond positivel
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• In accordance
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