Through its vision for providing high quality care when needed and supporting everyone in London to keep well, NHS London is committed to Safeguarding and promoting the welfare of adults at risk. Living a life that is free from harm and abuse is a fundamental right of every person. To achieve this, NHS London is working together with partner agencies to prevent adults at risk from suffering harm. It is our belief, that people who are being or who are likely to be harmed are safeguarded best when organisations work collaboratively across London.

This vision for Safeguarding Adults at Risk will be achieved through:

1. Strategic Clinical Leadership

   Training and Development for Safeguarding Adults Leadership Development Programme for Safeguarding Adults Leads-NHSL is working on this initiative in collaboration with other SHAs and London NHS safeguarding leads network.

2. Quality care and Performance development

• Safeguarding adults self assessment & assurance framework (SAAF)
• Safeguarding Adults Equality Impact Assessment

3. Partnership Working Regional network information (NHS London Safeguarding Adults Leads)

• NHS London Adult Safeguarding Adults Netwrok Terms of Reference

4. Safeguarding Policies and Procedures

• Protecting Adults at Risk: London multi- agency policy and procedures to safeguard adults from abuse

• Safeguarding Adults: The Role of Managers and Their Boards Safeguarding Adults: The Role of Health PractitionersSafeguarding Adults:The Role of NHS Commissioners

Mental Capacity Act (2005) and Deprivation of Liberty Safeguards (DOLS)

The mental Capcatiy Act and Deprivation of Libery Safeguards came into force on 1 April 2009. The Safeguards provide a legal framework for hospitals and care homes to obtain power to lawfully deprive people who are using their services of their liberty. This applies when they lack capcaity to consent to their care or treatment.

Why do we have these safeguards?

The safeguards were intoduced after a case called HL v the UK (also known as Bournewood) went to the European High Court of Human Rights. The case involved a man with autism and learning disabiliites who could not make the decision himself about whether or not staying in hospital was the best thing for him. The hospital staff felt it was the best course of action for him receive the care he needed but his carers disagreed and wanted to care for him at home. Because the hospital staff made the ulitmate dieciosn to keep him in hospital, this amounted to him being deprived of his liberty (which would only ususally be legally alowed if someone had committed a crime or if they were being detained in hospital under a section of the Mental Health Act). This case resulted in the MCA DOLS to senure that people who lcak capctiy are protected from bing deprived of their liberty unlawfully in a hospital or care home.

Links to MCA and DoLs documents

• Report of the Health Service Ombudsman on ten investigations into NHS care of older people

http://www.ombudsman.org.uk/care-and-compassion

• Deprivation of Liberty Safeguards

http://www.cqc.org.uk/_db/_documents/20110304_DoLS_Report_v4_201103144159.pdf