Analysis Of Service Provision That Support Vulnerable Adults To Assess Risks And Make Informed Choices

In order to provide services the support vulnerable adults to assess risk and make informed decisions it is imperative that the person is put at the centre of all identified risks, the assessment and management planning. Professionals need to maintain a balance between duty of care and positive risk management for those they support. Ineffective identification, assessment and management of risk can lead to legal implications of neglect. To mitigate this it is important to take a positive approach ensuring there is a clear written account of issues and solutions that have been considered along with an explicit and clear rationale to decisions that are made.

Positive risk management for vulnerable adults needs to begin with listening and understanding the aspirations and priorities of the individual. From there, it is a process of balancing the potential benefits and harms of one course of action over another. The first step in positive risk enablement and vulnerable adults being able to make informed choices is identifying the potential risks to the individual who wishes to undertake a certain action. For people with disabilities or vulnerabilities many risks in day to day life are no different for them than other people. Treating their situation differently simply because they are vulnerable may be discriminatory. Under the Equality Act 2010 disability is a protected characteristic and decisions should not be made based on an individual’s disability. Any identified risks should be discussed with the individual and their family support if appropriate, with all efforts made to provide information in a way that is suitable for the person to enable them to understand the risk under consideration.

From identification follows assessment of the risk, Again this assessment should involve the person being supported and there significant others where appropriate along with other involved agencies, The assessment should focus on the strengths of the person and information of the risk should be collected through observation, investigation and importantly communication with all involved. Active participation in this process by the vulnerable person is key to increasing their confidence to function independently and their ability to make informed decisions and choices about the activity to which the risk is associated. Robust reviews of this assessment must be planned and carried out, the element of risk is fluid as time and circumstances change.

Following assessment the individual and linked parties should create a risk management plan that identifies the benefits of the activity and the potential harms. The management plan should highlight preventative measures, responses and support required to achieve positive outcomes for the individual and reduce negative consequences. The person at the centre should feel empowered to contribute and make decisions within the plan. While professionals should be promoting opportunities and safety throughout. All planning should be person centred focusing on an individual’s rights, independence, choices and inclusivity.

An incident that causes harm to the individual (physical, psychological or emotional) should be reviewed to determine what went wrong and if the assessment or management plan contributed to this. Serious concerns should be reported the local adult safeguarding board.

Throughout the process of supporting and promoting services that support vulnerable adults to assess risk and make informed choices, many pieces of legislation need to be considered.

The Human Rights Act 1998 principles play a significant part in empowering informed choices and risk assessment. Ensuring an individual’s right to freedom from discrimination, of expression and thought, right to a family and private life and liberty and security have to be maintained throughout the process. The Disability Discrimination Act 2005 supports this though ensuring equal opportunities for people living with disabilities.

The Mental Capacity Act 2005 lays down a framework for supporting the understanding of people’s ability to make informed choices. Everybody should be assumed to have the capacity to make decisions unless it is shown they do not through the process within the act. People must be supported to make their own decisions and are entitled to makes decisions that may be seen as unwise. Where a person lacks the capacity to make the decision, others can make decisions on their behalf that are in their best interests and are the least restrictive option.

Through all of the above practioners must be mindful of the Data Protection Act 1998 principles around sharing information. The individual must consent to information sharing (unless a duty of care over rides this choice). Information must only be shared that are accurate, relevant, adequate and shared securely for the limited purpose at hand.

Health and Safety at Work Act 1974 has to be considered to keep staff safe as well as the supported person. All practioners have a duty of care for vulnerable adults in their care. This means all professionals supporting risk management and informed decision making must be attentive and watchful for issues and changes arising from risk management.

11 February 2020
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