Crime and intelligence - Protection of adults at risk: protection of vulnerable adults - serious case review (N10d)

1. Summary of changes

1.1 This standard operating procedure (SOP) has been amended on 25 January 2022:

• paragraph 3.3.1 and 3.3.2 added
• terminology updated throughout

2. What this procedure is about

2.1 Safeguarding Adult Reviews (SARs) are not inquiries into how someone died or suffered injury, or to find out who is responsible. They are meant to:

• look at any lessons we can learn from the case about the way all local professionals and agencies worked together
• review the effectiveness of our Safeguarding Adults policy and protocols
• inform and improve local safeguarding practice for all agencies involved
• deliver an overview report and recommendations for future action

2.2. The chief constable has approved operating rules relating to the disclosure of information held in relation to vulnerable adults and associated offenders on the computerised case management system (Athena). These rules reflect the current notification held by the Information Commissioner. Disclosure to those agencies listed in the disclosure section is permitted for a policing purpose.

Compliance with this procedure and any governing policy is mandatory.

3. Detail the procedure

3.1. The Kent and Medway Safeguarding Adults Board (KMSAB) has lead responsibility for conducting a SAR.

3.2. A SAR will be considered when:

• a vulnerable adult dies (including death by suicide) and abuse or neglect is known or suspected to be a factor in their death or
• a vulnerable adult has sustained any of the following: -
  • a life threatening injury through abuse or neglect
  • serious sexual abuse
  • serious or permanent impairment of development through abuse or neglect, or
  • where serious abuse occurred in an institutional setting
  • a culture of abuse was identified. (Section 4.7 Multi - agency Safeguarding Vulnerable Adults Adult Protection policy, Protocols and Guidance for Kent and Medway)
  • multiple abusers were involved, and
• the case gives rise to concerns about the way in which local professionals and services work together to safeguard vulnerable adults

3.3. It is the responsibility of each agency to consider whether a case should be referred for a SAR. Police will forward a report to the Protecting Vulnerable People (PVP) Operational DCI. To refer case to a SAR please discuss the matter with the relevant VIT (Adult) DI. Once agreed complete the SAR Referral form and submit it to the Governance and Scrutiny team (SAR referral forms should not be submitted directly to the KMSAB).

3.3.1 PVP Governance and Scrutiny (G&S) will then log the referral and submitted to the PVP Child and Adult Protection DCI for review. Once agreed PVP G&S will submit the referral to the KMSAB.

3.3.2 PVP G&S will act as a SPOC for the KMSAB to progress the SAR.

3.4. Information sharing

3.4.1. The Data Protection Act 2018 (DPA) as it relates to the relevant parts of the General Data Protection Regulation (GDPR), or the Law of Enforcement Directive (LED) allows for crime prevention exemptions. In exceptional circumstances it may be necessary to disclose personal data to an organisation or agency not covered by the notification or listed in the operating rules. These exemptions mean that where a proposed disclosure is for the purposes of prevention or detection of crime, or the apprehension or prosecution of offenders, and where failure to disclose would be likely to prejudice those objectives in a particular case, then the non-disclosure provisions of the Data Protection Act do not apply.
 
3.4.2. When considering whether to share or disclose personal information the following checklist will ensure that this is in accordance with the Data Protection Act 2018 (DPA) as it relates to the relevant parts of the General Data Protection Regulation (GDPR), or the Law of Enforcement Directive (LED) principles:

• what is the purpose of information sharing?
• is it necessary in order to fulfil that purpose?
• do the parties have the power to disclose personal information for the purpose?
• how much personal information will need to be shared in order to achieve the objectives?
• should the consent of the individual be sought before disclosure is made?
• what action is appropriate if the consent of the individual is not sought, or is sought but withheld?

3.4.3. Where a vulnerable adult appears to be able to make informed decisions and choices and is not being intimidated, the available options should be explored with them. Their wishes should be respected unless these conflict with a statutory duty to intervene, or unless another person(s) is considered to be at risk.

3.4.4. The Human Rights Act 1998 requires that interference by a public authority with an individual’s rights must be lawful, necessary, proportionate and justified in a democratic society. It must also be accurate. Officers updating records or submitting information or intelligence reports must show the source and justification of the information to validate its accuracy.

3.5. Retention and disposal of records

3.5.1. Family and subject files relating to adult abuse should be retained and then archived in Cheshire according to the force retention policy.

3.5.2. Adult abuse files must be boxed separately from other material being sent from division for storage and must be clearly marked ‘PVP VIT adult abuse files. Do not destroy until...' (insert appropriate date).

3.5.3. All other documents mentioned in the above policy will be retained for the period specified in the retention and disposal of force documents policy.

4. Equality Impact Assessment (EIA)

4.1. This SOP has been assessed as having a medium potential impact.

5. Risk assessment

5.1. This SOP has been assessed as having a medium risk.

6. Consultation

• Force Mental Health Lead
• Specialist Adult Abuse Trainer
• CRU - Detective Inspector
• Human Resources
• IT Security
• Finance
• Legal
• Health and Safety
• Freedom of Information

7. Security

7.1. Kent Police has measures in place to protect the security of your data in accordance with our Information Management policy.

8. Retention and disposal of records

8.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.