Helpline Questions

Helpline Questions


We deal with a variety of questions about the abuse of older people,  the different circumstances in which abuse occurs, and what to do in different situations. We have compiled some of the most common questions here, but if you don't find what you need then please  ring our helpline 0808 808 8141.


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How can I make a complaint about an older person’s professional care?


As a general rule, initial complaints should go through the local complaints procedure of whichever institution or company provides care for the older person. They are duty-bound to have a formal complaints procedure.


However, if you feel that this is not an appropriate option - and sometimes your concerns are such that you need to take the matter outside of the care provider's remit - you can contact the adult safeguarding or adult protection team at the local authority/health care trust. If the care is organised by the local authority/health care trust then you can also raise the matter with their commissioning department and raise a complaint. 


It is worth noting that, while Inspection and Regulation agencies (such as CQC in England, RQIA in Northern Ireland, the Care Inspectorate in Wales and the Care Inspectorate in Scotland) will be interested in your concerns, they are unlikely to investigate them as they don't have a legal role in such investigations. They may instead use your information to inform their next inspection. 


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How can an older person be protected from financial abuse?


One option is to establish a Power of Attorney while the person is capable (still has the mental capacity) to make such decisions. Forms can be obtained from the Office of the Public Guardian in England and Wales, The Office of the Public Guardian (Scotland) in Scotland, or The Office of Care and Protection in Northern Ireland. There is a cost involved. Finance and Welfare can be covered by separate application forms.


Power of Attorney is not risk-free though. Appointing more than one attorney can be a good way of reducing the risk of abuse. Using a professional adviser when drawing up a Power of Attorney agreement is also recommended.
If the individual no longer has the mental capacity, then another option is to apply on their behalf to the Court of Protection to be made a Deputy. As with Power of Attorney, the Deputy manages the individual's money for them but there are more stringent checks by the Court, including a need for the Deputy to submit accounts. 


If the person still has capacity but may be vulnerable to financial abuse, it can be good idea to have additional copies of bank statements sent to a third party so they can check that the individual is not being taken advantage of. It is also worth a conversation with the individual's bank or building society to see if they can introduce additional safeguards to the account, such as imposing a maximum withdrawal amount.


As in any case of abuse, any suspicions can be raised with the adult safeguarding or adult protection team or the police.


See our useful checklist to help identify the risk factors associated with financial abuse.


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Is there a definition for a vulnerable adult?


Not necessarily, as the definition varies in different settings and nations.


For example, the Care Act 2014, which covers England, defines the person who should be subject of a safeguarding enquiry as an adult who:

  • has needs for care and support (whether or not the local authority is meeting any of those needs) and;
  • is experiencing, or at risk of, abuse or neglect; and;
  • as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.

In Wales, the Social Services and Wellbeing Act 2014, describes an “adult at risk” an adult who

  • is experiencing or is at risk of abuse or neglect,
  • has needs for care and support (whether or not the authority is meeting any of those needs), and
  • as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.

While in Scotland, the Adult Support and Protection Act 2007, describes “Adults at risk” as adults who

  • are unable to safeguard their own well-being, property, rights or other interests,
  • are at risk of harm, and
  • because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.

Northern Ireland has no specific legislation, but  policies describe an 'adult in need of protection' as a person aged 18 or over, whose exposure to harm through abuse, exploitation or neglect may be increased by their:


Personal Circumstances AND/OR Life Circumstances AND Who is unable to protect their own well-being, property, assets, rights or other interests; AND Where the action or inaction of another person or persons is causing, or is likely to cause him/her to be harmed


However a person is defined, if you have concerns you should always raise them. It is important to remember that the person does NOT have to be receiving statutory care support to be considered vulnerable. They could be purchasing their own support or may not have yet been assessed for care needs.
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If I report abuse to adult safeguarding or adult protection, what should they do?


They will ask you for some information about yourself (unless you wish to remain anonymous, which you are entitled to do), the person you are concerned about, the alleged abuser and what you have seen or heard. These questions can sometimes be asked by an access team. After they have taken these details they will let you know who they will pass the information on to.


If they are satisfied that the person you are referring to them meets the threshold for investigation  then they have an obligation to respond, and they will contact anyone they need information from and/or undertake visits.


An important part of protecting someone is talking to them, and taking action in a way that would not put them at greater risk. When a referral is made, a decision should be made quickly about what action is needed, for example further enquiries may be needed to look into the issue. The length of time this takes will depend on what is involved, the level of risk and - as far as possible - the person’s wishes.


Depending on the nature of the concern and the person affected the adult safeguarding/protection representative may refer the person to someone else for help.  They should inform you of what is happening as soon as possible.
If you are not happy with the actions taken you can raise a complaint.
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I suspect that an older person may be being abused but I'm not sure. Should I report it?


If you have a concern about someone you should never ignore it. 


If it is possible to gather some evidence safely - without placing yourself at risk or compromising any potential investigation - then do so. It will strengthen any referral you may want to make to adult safeguarding/protection. If it is possible to speak to the person concerned (but not to whoever you suspect of being the abuser) then do so if you feel they will be able to talk to you safely.


In other circumstances, then report your concerns to the adult safeguarding/protection team at the health trust/local authority, as they will be able to make contact and check on the person that you are concerned about.  Reporting abuse to the adult safeguarding/protection team can be done anonymously, and you have a right to maintain your anonymity if you wish.


It is important to understand that an older person experiencing abuse may not positively respond to your approaches, or that of statutory agencies, as the situation may be challenging, embarrassing or distressing to them - particularly if the potential abuser is a member of their family. They may feel a range of emotions, including denial, helplessness, embarrassment, guilt and very often fear of the perpetrator. It can often take various attempts for the victim to acknowledge their circumstances and engage in accepting support.


Offering the older person emotional support and providing small steps for them to build their confidence might be a vital part of them making a bigger change, and dealing with the situation.
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What can I do if I suspect an older person is being abused?


If there are suspicions of abuse and you feel you are able to address this with the older person, it may be a good idea to speak to them to clarify the situation. Sometimes there is an explanation for what is going on and there is no abuse.


However, if there are more difficult circumstances and it is not possible to speak to the person in question, and/or this person is not able to protect themselves, you can report this to the adult safeguarding/protection team. In an emergency situation you should contact the police. It is important to know if the person in question ready to seek help, as without their consent the authorities may be reluctant to intervene. There are exceptions to this though, such as when an older person lacks mental capacity, as a consequence of dementia for example, or where there is a clear and obvious risk.
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Talk to our helpline if you are in any doubt. 


I am experiencing abuse from my neighbour but police won't intervene, what can I do?
Neighbour disputes and antisocial behaviour can be difficult to remedy. It falls outside of our remit but the following could be options:

 

  • Keep a log of any incidents. You may want to use audio/video recording equipment however do research guidelines depending on the environment you are in.
  • Seek mediation – some local authorities/housing associations offer this service for free.
  • Contact the landlord or tenants’ association. Landlords can choose whether or not to act, but do not have to do so. Landlords may go court to get someone evicted, apply for an injunction, extend the period of an introductory tenancy etc.
  • A council/local authority may take action to stop noise, nuisance and threats to health, as can Environmental Health. They can take action to evict the person or offer victim alternative accommodation, apply for court order or prosecute.

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Do you provide advocacy or take on individual cases?


The helpline's main role is to provide guidance and information to the public to enable them to address their abuse concerns. The information we provide most often equips callers with enough knowledge and information to enable them to make informed decisions on how they may proceed.


If we feel that an enquirer is in a vulnerable position, and we believe that they may not be able to act on the advice and information given to them, we will seek to help them engage with the appropriate agencies and services. We only do this with their consent.


In exceptional situations, where there is an immediate risk to life or where a situation impacts on multiple victims, we will make reports/referrals to statutory agencies. This is in line with our wider duty of care.
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Can you recommend any solicitors?


Unfortunately, we can’t recommend individual solicitors as we are unable to guarantee their services.
If you want to find a solicitor, you could try Solicitors for the Elderly (SFE).  Some enquirers have found them useful. They are a membership organisation for lawyers who give legal advice to older people and their family members, and some give an initial half-hour free consultation.
 

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