Making a Safeguarding Adults referral

This quick guide is intended to support you to know when and how to make a safeguarding referral, sometimes referred to as raising a safeguarding concern.

It is the responsibility of each organisation to have their own internal safeguarding procedures, which must detail the nominated staff or Designated Safeguarding Lead (DSL), who will be able to take on the role or support the reporting concerns to Adult Social Care.

Report abuse of adults in Cumbria

Non-urgent advice and guidance

Practitioners and managers from the Adult Social Care Safeguarding Teams 9am to 5pm Monday to Thursday, 9am to 4.30pm Friday by email. 

Cumberland
Email: safeguarding@cumbria.gov.uk

Westmorland Furness
Email: safeguardingadults.WAF@cumbria.gov.uk

Please note these email addresses should not be used to raise a safeguarding concern, this should be done by contacting the appropriate SPA number above.

Cumbria Safeguarding Adults Board do not deal with Safeguarding referrals or concerns and all referrals should be made to the appropriate Adult Social Care SPA numbers, as shown in the information listed above.

Whilst you do not need consent to make a safeguarding referral, if it is safe to do so you should discuss your concerns with the adult at risk to seek their views and identify what outcomes they would like, this is known as Making Safeguarding Personal. You may wish to discuss with them using phases like 'I am a bit worried about you...' or 'can we have a chat about something...'.

Sharing information for the purpose of safeguarding adults is different to for example, seeking consent when a service will be provided. There may be occasions when you have to raise a safeguarding concern without consent, for example if someone else may be at risk, a crime may have been committed, to prevent harm, or the person does not have capacity to make that decision.

Referrers are encouraged to discuss the concerns they have with the adult or their advocate and seek their views about what they would like to happen before making a referral - this is different to seeking consent. 

What is best practice when considering making a referral?

The Care and Support Statutory Guidance advises that the first priority in safeguarding should always be to ensure the safety and wellbeing of the adult. Making Safeguarding Personal is a person-centered approach which means that adults are encouraged to make their own decisions and are provided with support and information to empower them to do so. This approach recognises that adults have a general right to independence, choice and self-determination including control over information about themselves. Staff should strive to deliver effective safeguarding consistently with both above principles. 

Reassurance and appropriate support may help to change their view on whether it is best to share information. Practitioners should be curious and consider the following actions:

  • 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.
  • Considered previous trauma which impact on them/their ability to trust others?
  • 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

Correctly applying the Mental Capacity Act 2005 (MCA) is pivotal in safeguarding work when an adult lacks mental capacity. Good practice maximises an adult’s ability to understand and participate in the decision-making process. If the adult is assessed as lacking mental capacity, best interest decisions should be made on their behalf. You can find further information in this guidance regarding capacity and decision making; NICE Guidance.

There are a number of circumstances when a persons refusal to give consent can be overridden, these include:

  • The person is unable to understand information, retain or make a decision based on the information given.
  • The person is unable to communicate a choice on the matter because they are unconscious.
  • Other people are, or may be, at risk, including children and there is a wider public interest.
  • Sharing the information could prevent a serious crime/a serious crime has been committed.
  • The risk is unreasonably high and meets the criteria for a multi-agency risk assessment conference referral.
  • There is a court order or other legal authority for taking action without consent.

The safeguarding principle of proportionality should underpin decisions about sharing information without consent, and decisions should be on a case-by-case basis.  In the first instance when making such decisions, you should discuss the details of the case with your organisations Designated Safeguarding Lead.

If it is not clear that information should be shared outside the organisation, a conversation can be had with safeguarding partners in the police or local authority without disclosing the identity of the person in the first instance. They can then advise on whether full disclosure is necessary without the consent of the person concerned.

If it is decided to report a safeguarding consent without the consent, unless it is considered dangerous to do so, it should be explained to the person that the information will be shared without consent and the reasons should be given and recorded.  

What information do I need to make the referral?

All safeguarding adults concerns reported to Adult Social Care's Single Point of Access (SPA), should be done by phone. Written referrals are not accepted. The referrer should be prepared to provide as much factual information as possible about the concern.

The SPA Officer will assist the referrer by clarifying the incident or the concern through a series of prompts and questions.

The SPA Officer will deal with the concerns in a discrete and sensitive manner. 

A safeguarding referral or concern will be accepted from anyone including family, neighbours and members of the public who has a concern that an adult with care and support needs, is at risk of abuse or neglect.

What happens next?

Once a concern is reported to Adult Social Care's SPA Team this will be triaged to the Safeguarding Team. The Safeguarding Team will review information and make a decision as to how the referral will be logged. This decision is based on the information provided and the perceived level of risk posed. Information gathering will inform a decision as to whether the referral meets the criteria to open a Section 42 Safeguarding Enquiry or if it is deemed not to, then it may be that alternate action is taken by Adult Social Care, such as referring the person for an assessment of their needs under the Care Act 2014.