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N.Ireland - Safeguards & Protecting the Individual

Individuals with severe learning disabilities and challenging behaviour are vulnerable to abuse. Abuse can take many forms, from the more obvious e.g. physical abuse, to the less obvious e.g. financial or emotional abuse. The risks are increased because:

They are likely to have poor communication skills
Their behaviours are challenging
They are likely to be dependent on others for day-to-day support

It is essential therefore that services and supports for individuals who have severe learning disabilities and challenging behaviour are person-centred and understand why the person behaves as they do.

Different service providers may have different approaches to managing challenging behaviour. It is important that you check out the approach used by any service that you are considering using by asking for a copy of their behaviour management policy before you agree that it is suitable for your son/daughter.

Services should have appropriate monitoring mechanisms in place to minimise the risk of abuse, detect potential abuse, and highlight indicators of abuse within existing behaviour repertoires. In addition a number of other safeguards can be put in place to protect individuals.

Statutory requirements

1. Policies & procedures

The following policies and procedures should be in place and copies available on request:

A comprehensive adult &/ child protection policy.
Behaviour management policy
Physical intervention policy
Risk assessments

In addition, there should be a clear complaints procedure. Complaints should be formally investigated and findings acted upon.

2. Monitoring and Inspection

All services are checked by agencies to ensure correct procedures are in place to protect vulnerable individuals. The main inspection agencies for Northern Ireland are NISCC (Northern Ireland Social Care Council) and the Regulation and Quality Improvement Authority (RQIA). Health boards are obligated to conduct a minimum of two inspections a year. Inspection reports can be viewed by the public.
Social service residential housing has the additional quality assurance that authorised personnel from the Department of Health and Social Services have the right of entry at any time.

3. Staff Checks (ACCESS NI)

From the 17 March 2008 POC NI ceased to exist and was replaced by ACCESS NI, which includes a list against which anyone who is employed to work with vulnerable adults is checked. This system enables organisations to check the full criminal history of staff and volunteers in prescribed posts, known as ‘regulated positions’. As a part of the safeguarding within Northern Ireland for children and vulnerable adults it is a criminal offence for anyone who appears on this list to apply for a regulated position. Employers must also check under law and it is a criminal offence not to check.

Other safeguards

Separating housing and care provision

In the past, people with challenging behaviour who have been offered a complete service (accommodation and support) from a service provider have been vulnerable to exclusion if problems arise. This could mean that a person is given notice to leave the service. However, if the housing provision is separate from the care provision, the individual can remain in their home, and the care provider can be changed if necessary. This situation enables the individual to have greater control of his/her life.

Helping people make decisions.

At present, Northern Ireland has a draft paper with recommendations for a new law in Northern Ireland to encourage people to make choices and decisions about their own lives: The Bamford Review of Mental Health and Learning Disability (Possible Changes in the Law in Northern Ireland) – Helping people make decisions about their lives Paper (August 2007).

The paper deals with people who aren’t able to make decisions and how their human rights can be preserved. The new law in England and Wales is the Mental Capacity Act (2005); the paper believes that this law should apply to Northern Ireland with small variations. Public consultation for the legalisation will happen in summer 2008. For further information on the review please contact the Mental Health Unit on (028) 9052 8662, (028) 9052 2096 or (028) 9052 2632.

Independent Advocacy

An advocate is someone who helps make the wishes and opinions of an individual known, and often families act as powerful advocates for their family member. However, there may be conflicts of interest at times, and sometimes family carers are not aware of all the opportunities that are available. Independent advocacy promises to be an effective way to help the person with a learning disability to have a stronger “voice”, and you should ask about advocacy services available in your area.

However, it is important to note that advocacy for someone with severe learning disabilities who is described as having challenging behaviour is a skilled role and will require a great deal of time, commitment and expertise if it is to be done effectively. Contact the Challenging Behaviour Foundation to make sure that any independent advocate working with your son/daughter receives specialist information and resources that will equip them in this role.