To promote, and thereby support inclusive decision making as a collaborative and empowering process, which is fully attentive to the individual’s perspective and to the views of the primary career. To enable and support the positive management Of risks where this is fully endorsed by the multi-disciplinary team as having positive outcomes. C] To promote and enhance safer working environments.
C] To provide a shared theoretically sound basis for multi-agency training and or the monitoring and auditing of service responses.
C] To promote the adoption by all staff of ‘defensible decisions’ rather than ‘defensive decisions’. 1. 3 Review of this Guide: The Guide will be reviewed annually. The next review will take place in September 2011. Page 4 Of 38 2. Introduction 2. 1 The saying “nothing ventured, nothing gained” makes the point that unless someone takes a risk and tries new activities, they will never know of the positive benefits that might result. In our society, people are encouraged to travel widely, take part in regular leisure and sporting activities, go to college, evolve careers and have families.
These are all activities that don’t just happen, but mean people have to take risks to achieve their aspirations. 2. 2 For many people taking risks is an accepted part of life. However people with a disability and older people are often discouraged from taking risks, either because of their perceived limitations or fear that they or others might be harmed. 2. 3 Changes in society’s attitude towards disability, social care and health policy now mean that people with a disability and older people are being actively encouraged to increase their independence in their daily activities and sections about the services they receive.
The focus is now more on enhancing people’s abilities rather than concentrating on their disabilities. 2. 4 “Historically, social care has been good at providing services that minimized risk. However, personalization means that in the future Social Care (and Health Services) have to work towards providing choices rather than services. ” 1 2. 5 This Guide is concerned with setting out the approach that the Isle of Wight Council and PACT expect its staff to adopt towards the issue of risk when they work with adults with a disability and older people. 6 When implementing this Guide in day-to-day practice, the Isle of Wight Council and PACT recognize that any risk-taking approach must be balanced with their responsibilities in relation to safeguarding adults and children, care standards and health and safety legislation. 2. 7 In addition, whilst this Guide Will encourage the Council’s leisure, sport and cultural services to work with social care services and their users around the issue of risk, it should not lead them to feel they have to individually risk assess every person who use their services outside of their duty of care awards all consumers.
We recognize that to do so WOUld be both impractical and potentially discriminatory. However there may be circumstances in which some services provided may need to assess the risk to an individual. They will explain their justification for Safeguarding Adults: A consultation on the review of the “no secrets guidance”: DOD / Dignity and Safety / Lucy Abandoner – 14 October 2008 Page 5 of 38 this and do everything practical to enable the individual’s inclusion in the activities in which they want to take part. 2. The Council and Pact’s Services will also endeavourer through their impassioning arrangements and Service Level Agreements to encourage the individuals, agencies and set-vices it funds, or with which it contracts, to manage risks positively. 2. 9 The Guide will support the Council and PACT to fulfill their responsibilities under the Disability Discrimination Acts 1995 and 2005 and the Mental capacity Act 2005. The Mental capacity Act 2005 and its code of practice provides a statutory framework for people who lack capacity to make decisions for themselves.
The Guide supports the Human Rights Act 1998 as it empowers people make decisions for themselves where possible and places individuals at the heart of the decision making process. 2. 10 The Local Authority and PACT owe a duty of care to all their service users. Any risk taking has potential legal implications in negligence. However, these can be minimized where there is a positive approach which generates a clear trail of written records showing the issues and solutions which have been considered, and there is an explicit and justifiable rationale for risk management decisions. 2. 1 The fundamental principle of this Guide is that support is provided to individuals to enable them to receive personalized care / support that meets heir needs regardless of their disability, age, gender, ethnicity, religion or sexuality. This also applies to people with a particular medical or psychiatric diagnosis. This support must exist within a framework of risk assessment and management that is collaborative, transparent and enabling. Page 6 of 38 3. What is risk? 3. 1 Risk is the possibility that an event will occur with harmful outcomes for a particular person or others with whom they come into contact. . 2 A risk event can have harmful outcomes because of: L] risks associated with impairment or disability such as falls C health notations or mental health problems C] accidents, for example, whilst out in the community or at a social care / us port service risks associated with everyday activities that might be increased by a person’s impairment or disability C] the use of medication C] the misuse of drugs or alcohol C] behaviors resulting in injury, neglect, abuse, and exploitation by self or others C] self harm, neglect or thoughts of suicide.
L] aggression and violence CLC poor planning or service management 3. 3 The type of outcome depends on the nature of the person, their relationships tit others and the circumstances in which they find themselves. 3. 4 Risk is often thought of in terms of danger, loss, threat, damage or injury. But as well as potentially negative characteristics, risk-taking can have positive benefits for individuals and their communities. 3. 5 Risk can be minimized by the support of others, who can be staff, family, friends, etc.
However, in promoting independence, individual responsibility for taking risks must be a balance between safeguarding someone from harm and enabling them to lead a more independent life where they effectively manage risks themselves. . 6 A balance therefore has to be achieved between the desire of people to do everyday activities with the duty of care owed by services and employers to their staff and to users of services, and the legal duties of statutory and community services and independent providers.
As well as considering the dangers associated with risk, the potential benefits of risk-taking have to be identified (nothing ventured, nothing gained’). This should involve everyone affected – adults who use services, their families and practitioners. Page 7 of 38 4. What is ‘managing risk positively? 4. 1 Managing risk positively’ is: weighing up the potential benefits and harms of exercising one choice of action over another, identifying the potential risks involved, and developing plans and actions that reflect the positive potential and stated priorities of the service user.
It involves using available resources and support to achieve the desired outcomes, and minimizing the potential harmful outcomes. It is not negligent ignorance of the potential risks… It is usually a very carefully thought out strategy for managing a specific situation or set of circumstances. ” (Steve Morgan, 2004)2 . For community based services, this means: C] empowering people C] working in partnership with adults who use services or direct their own support, family career and advocates 0 developing an understanding of the responsibilities of each party 0 helping people to access opportunities and take worthwhile chances CLC developing trusting working relationships 0 helping adults who use services to learn from their experiences 0 understanding the consequences of different actions 0 making decisions based on all the choices available and accurate information L] being positive about potential risks
C] understanding a person’s strengths C] knowing what has worked or not in the past L] where problems have arisen, understanding why C] ensuring support and advocacy is available to all users of services, particularly if things begin to go wrong for someone sometimes tolerating supported short-term risks in consultation with the service user, for long-term gains 2 Morgan, S. (2004). Positive risk-taking: an idea whose time has come.