PROCEDURE 20089

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SUPPORTING INDIVIDUAL CHOICE AND CONTROL THROUGH POSITIVE RISK TAKING / v 1.0 / 2008-11-03
WARNING ! IF YOU ARE WORKING WITH A PAPER COPY OF THIS DOCUMENT, ENSURE THAT IT IS THE CURRENT VERSION BY CHECKING THE E LIBRARY ORIGINAL.
E Library Location: / / Cumbria’s 3P Documents

THIS PROCEDURE APPLIES IN THE FOLLOWING DIRECTORATES:

  • Adult and Cultural Services including Cumbria Care

THIS PROCEDURE AFFECTS THE FOLLOWING GROUPS OF STAFF AND / OR OTHERS:

  • All Adult and Cultural services Social Care staff and practitioners working with adults who use social care and support services.
  • All Health staff and practitioners working with adults who use social care and support services in the community. [NB: to be confirmed.]
  • All staff working for provider and third sector organisations contracting with Adult and Cultural Services to provide social care and support services.

THIS PROCEDURE IS DESIGNED TO ACHIEVE THE FOLLOWING OUTCOMES:

  • Individual adults who use social care and support services and / or their carers will beable to make their own decisions and take risks which they deem to be acceptable to lead their lives their way.
  • No professional or organisational risk assessment process will prevent or inhibit the individual’s right to make their own decisions and lead their life in the way they choose.
  • All support for decision making will be in line with the principles of Policy Statement 10063 – Self Directed Support, the current SafeguardingProcedures (20030) and Guidelines (30024) and the Mental Capacity Act 2005

RELATED DOCUMENTS
3P POLICY STATEMENT
(include document number) / 10000 Document Hierarchy
10063 Self Directed Support
10024 Safeguarding Vulnerable Adults (under review)
3P PROCEDURES
(include document number) / 2XXXX Self Directed Support
20030 Safeguarding Vulnerable Adults (under review)
3P PRACTICE GUIDELINES
(include document number) / 3XXXX Self Directed Support
30053 Supporting Individual Choice and Control through Positive Risk Taking
30024 Safeguarding Vulnerable Adults (under review)
OTHER NON-3P DOCUMENTS
(Cumbria CC and external)
LEGISLATION OR OTHER STATUTORY REGULATIONS / Mental Capacity Act 2005
Independence, Choice and Risk – a guide to best practice in supported decision making. DOH 2007
EQUALITY IMPACT ASSESSMENT COVERING THIS PRACTICE GUIDELINE / Under review
APPENDICES ATTACHED
(these will be read-only in the E library)
DOCUMENTS SUPERSEDED BY THIS PRACTICE GUIDELINE
CONSULTATION
The following have been included in the consultation process for this
Practice Guideline.

SUPPORTING INDIVIDUAL CHOICE AND CONTROL THROUGH POSITIVE RISK TAKING

FLOWCHART (COVERS ITEMS 1 – 5 IN THE PROCEDURES)

NO

YES

NO

YES

YES

NONO

YES

BACKGROUND

The philosophy behind Self Directed Support is contained in Policy Statement 10063 – Self Directed Support.

We all have to make a range of choices throughout our lives, some of which are risky. Self Directed Support underpins the supporting of individuals to make choices and have control over their lives through a culture of positive risk taking.

We should not deny someone the opportunity to enjoy their life to its full potential simply because they are a user of care services.

On the other hand, as Social Care staff we all have a responsibility to ensure that individuals who would put themselves at risk of abuse from others are aware that they have the right to live a life free from abuse and neglect and to access the Safeguarding Adults Procedures if they wish. Those individuals who lack capacity and are at risk from abuse and neglect must always be referred to the relevant Adult Social Care Team.

We do all have an additional responsibility to our own organisations to ensure that processes have been properly followed and recorded to avoid recriminations.

PROCEDURE

See the flowchart for procedure structure.

  1. Where an individual indicates a choice that you or others may consider to be a risk you should utilise your assessment skills to determine if there may be issues of Capacity or Safeguarding.

If unsure, consult with your line manager.

Record the decision / outcome and the discussion on the file.

If there may be a Safeguarding issue, follow Procedure 20030 - Safeguarding Vulnerable Adults.

  1. If there are thought to be MentalCapacity issues you, or a competent person, should complete an assessment of capacity.
  1. If, having applied Safeguarding Procedures or Capacity Procedures, it is deemed that the person could not be supported in making their decision or choice, appropriate actions need to be taken to protect the individual within Safeguarding Procedures or Mental Health legislation.
  1. If, having applied Safeguarding procedures or capacity procedures, it is deemed that the person could be supported in making the decision or choice then these procedures and practice guidelines will apply.
  1. Professionals and organisations supporting people who use social care and support services will ensure that each individual they work with is given the support to understand the issues of risk connected with their decision or choice, in a way that is appropriate and accessible to them. For further guidance see Practice Guideline 30053 relating to this Procedure.
  1. Professionals and organisations must be able to show that they have done this in a reasonable and proportional manner, having regard to the communication and understanding needs of the individual concerned.
  1. Where a professional or organisation makes a decision not to support an individual to pursue a particular decision or course of action, they must be able to explain this and demonstrate that they have thought through and discussed in a balanced and proportional way the potential consequences of refusing to support the risk.
  1. Health and Safety and risk assessment policies must not be used to prevent or inhibit an individual to think through the risks they want to take. Nor should these prevent or inhibit the person from having access to the support they need to take any risks they choose to take, following a supported decision making process.
  1. A Risk Assessment conducted with an individual or significant parties to the decision or choice, may be one method of demonstrating levels of risk once the decision or choice is made.
  1. Where the individual is able to make an informed choice and still wishes to pursue a high risk decision or choice, having a signed risk assessment is one way of showing that they are aware of the risks and are willing to take them. This provides your employer with some degree of indemnity.
  1. A recording of risk does not necessarily indicate levels of understanding. Therefore, the work you have undertaken to ensure that the risk is understood must be recorded and shared with the service user. Any such records should be signed by the service user where possible. (see recording procedure)
  1. Additionally, you may ask the individual to complete a relevant record for your files. However an individuals recording or documentation should be additional to your own.
  1. Opting for a course of action simply because it carries least risk must not come before what is in the best interests of the individual concerned.
  1. Where there are issues of capacity this Procedure could be applied to supporting legal deputies to make decisions or choices or take positive actions which have the potential for risk.
  1. Where supporting a legal deputy, it is imperative that all parties are concerned with the potential gains and risks to the service user and that the decision is being made from the perspective of the service user. All such discussions must be recorded.

Further guidance is available in Practice Guideline 30053 - Supporting Choice and Control through Positive Risk Taking

DOCUMENT CHANGE HISTORY
Version No / Date / Issued by / Reason for change
v1.0 / 2008-11-03 / Louise Close / N/A – first 3P issue.

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