Responding to Abuse of Older People Policy

Responding to Abuse of Older People Policy

Introduction

Abuse of older people is a human rights issue. This agency recognises that abuse of older people does exist in the community and that, in the course of its work, workers may encounter potential, suspected and alleged abuse situations involving older clients and carers.

Our agency has developed this policy to:

•provide all workers and management with guidelines for identifying and responding to suspected and actual abuse situations

•clarify the purpose and role of the service in responding to these situations

•clarify the type and range of responses that can be provided to victims of abuse.

Our agency endorses and follows the guidelines provided in Responding to Elder Abuse: Tasmanian Government Practice Guidelines for Government and Non-government Employees (2012) published by Disability and Community Services, Tasmanian Department of Health and Human Services.

Definition and Forms of Abuse

Abuse of older people is a single or repeated act occurring within a relationship where there is an implication of trust, which causes harm to an older person. This policy does not cover abusive relationships other than those based on trust. These situations are covered by consumer law, professional misconduct processes or civil and criminal law.

Six types of abuse are recognised in Tasmania. There are different response options for each type of abuse. The forms of abuse covered in this policy include:

•financial or material abuse – the illegal or improper use of a person's property or finances

•psychological or emotional abuse – the infliction of mental anguish, involving actions that cause fear of violence, isolation or deprivation, and feelings of shame, indignity and powerlessness.

•physical abuse – the infliction of physical pain, injury, physical coercion, physical restraint or confinement

•social abuse – the forced isolation of older people and forced restriction of social contact and participation

•sexual abuse – sexually abusive or exploitative behaviour

•neglect – the failure of a carer to provide the necessities of life to a person for whom they are caring including adequate food, shelter, clothing, medical care or dental care.

Detection

Suspected or actual abuse situations may be detected by our paid and voluntary workers in a number of ways including:

•observing signs and changes in an older person’s physical or emotional state or behaviour that may indicate the person is a victim of abuse

•witnessing an incident of abuse involving an older person

•disclosure of abuse by an older person or abuser.

Allocation of Responsibility within the Agency

In situations of potential, actual or suspected abuse involving older people, workers in our agency have the following responsibilities:

Direct Care Staff•Initial detection of potential, suspected or actual abuse

•In an emergency situation, contacting the Police and/or Ambulance

•If safe to do so, informing the alleged victim of the responsibility to tell a senior staff member about concerns for the older person’s health, safety or wellbeing

•informing a senior staff member about what happened and what was noticed, said and done in the situation

•Initial documentation

•Participation in debriefing.

Senior Staff•Consideration of safety, protection, consent, confidentiality and duty of care issues

•Identification of response options including collection of further information if needed and referral options

•Discussion of options with the older person

•Referral, if appropriate, to a specialist response agency for further assessment, investigation or support plan negotiation

•Completion of documentation

•Supporting the identifier, including providing access to debriefing.

Consent, Confidentiality, Duty of Care and Sharing Information Provisions

Consent

We will consider issues of mental capacity, undue influence and consent when determining the most appropriate response to reports of actual, potential and suspected abuse.

If there is an issue about the older person’s mental capacity to give consent, we will seek advice and, if appropriate, will make a referral to a specialist service or professional with the expertise to assess capacity.

If there is a dispute about whether a person has capacity and there is a need to appoint a substitute decision maker then an application can be made for a guardian or financial manager to be appointed.

We will seek consent for referral for further investigation or intervention from the older person.

Confidentiality

In cases of abuse, confidentiality exists between the older person and the organisation, not the individual worker. Confidentiality refers to the obligation of non-disclosure by this agency of personal information unless it has the consent of the person concerned. The older person has the right to decide what personal information is to be revealed to someone else outside the agency.

In some circumstances this agency may disclose personal information without consent, including when:

•there is an obligation not to conceal a completed or intended crime

•disclosure may be required when in the person's interest, (e.g. where the person is suicidal)

•there may be a duty to warn a third party who is in danger.

Duty of Care

Our agency and its workers do have a duty of care to its clients and carers who may be affected by the worker's actions or inaction.

The duty of care refers not only to the actions of a worker, but also to the advice the worker may give or fail to give. Workers should not give advice which is beyond their competence, or beyond what would normally be expected in their position.

Becoming aware of an abusive situation and not acting according to this policy could amount to a breach of the duty of care.

Supporting Our Workers

Our agency is committed to providing information and training on abuse issues and continuing support of staff who encounter abuse situations involving older people.

Our agency will:

•inform all volunteers and paid staff about agency policy and procedures to be followed in cases of suspected or actual abuse

•make a copy of the policy available to all staff on request

•encourage staff to participate in available training

•offer continuing support, supervision and debriefing to all workers identifying abuse situations

•ensure that staff reporting abuse situations are free from retribution or retaliation.

Principles for Intervention

These principles align with those of the Tasmanian Government elder abuse prevention response.

1.Older Tasmanians have a right to access to information that enables them to make informed choice.

2.Older people are entitled to make decisions on matters affecting their lives. Older people are entitled to participate in the development and implementation of services, policies and programs affecting them.

3.All adults will be considered competent to make decisions unless determined otherwise.

4.The interests of an older person’s wellbeing are paramount and even when they are unable to make decisions for themselves, their views will be taken into account.

5.Actions will be supportive and empowering to help older people experiencing abuse to make their own choices.

6.The diverse needs, interests and abilities of older people from different cultural and socio-economic backgrounds will be recognised.

7.Effective prevention and responses to the abuse of older people rely on partnerships between individuals, families, communities, businesses and governments that recognise the complexity of the issues involved.

8.The safety of an older person is paramount and the safety of those working with older people will be protected.

9.Any responses to allegations of abuse will be respectful of the existing relationships important to the older person.

Glen Sorensen

Age Communications Pty Ltd

July 2013

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