JOURNAL TRANSCRIPT
Draft Joint Working Protocol between Barnet’s Health and Wellbeing Board, Local Safeguarding Children Board and Local Safeguarding Adults Board – July 2014 1. Introduction There are three statutory boards in Barnet with distinct but complimentary responsibilities for safeguarding Barnet’s population- the Health and Well-Being Board, the Local Safeguarding Children Board (LSCB) and the Local Safeguarding Adults Board (SAB). This protocol sets out the expectations of the relationships and working arrangements between these Boards. It covers the distinct roles and responsibilities of the Boards, the interrelationships between them in terms of safeguarding, and the mechanisms through which effective co-ordination between the Boards can be ensured. 2. Background Health and Well-Being Boards (HWBB) were established in accordance with section 102 of the Health and Social Care Act 2012. They are a forum where key leaders from the health and care system work together to improve the health and wellbeing of their local population and reduce health inequalities. Health and well-being boards are a key part of broader plans to modernise the NHS to ensure stronger democratic legitimacy and involvement; strengthen working relationships between health and social care; and encourage the development of more integrated commissioning of services. The Children Act 2004 requires each local authority to establish a Local Safeguarding Children Board (LSCB) as well as prescribing membership. This Board’s key statutory functions are to co-ordinate what is done by each partner or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in Barnet and to ensure the effectiveness of what is done. The Board and its sub-groups are compliant with statutory guidance, ‘Working Together to Safeguard Children’1; the latest version came into effect from April 2013. Adult safeguarding is led by the Local Authority, based on the ‘No Secrets’ Guidance 20002 issued by the Department of Health under Section 7 of the Local Authorities Social Services Act 1970. The Care Act (2014) puts Safeguarding Adults Boards on a statutory footing with the Council, Clinical Commissioning Groups and Police as core members. The role of these Boards is to develop shared strategies for safeguarding and report to their local communities on their progress. 3. Roles and responsibilities of Barnet’s Health and Well-Being Board Barnet’s Health and Wellbeing Board is a statutory committee of the Council. It has agreed terms of reference which outline its key responsibilities, functions and membership. The full terms of reference are available here: http://barnet.moderngov.co.uk/documents/s16653/15aResponsibilityforFunctionsAnnexA.doc .pdf . The main responsibilities of the Health and Well-Being Board are set out below: (1) To jointly assess the health and social care needs of the population with NHS commissioners, and apply the findings of a Barnet joint strategic needs assessment (JSNA) to all relevant strategies and policies. (2) To agree a Health and Well-Being Strategy for Barnet taking into account the findings of the JSNA and performance manage its implementation to ensure that improved outcomes are being delivered.
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http://www.education.gov.uk/aboutdfe/statutory/g00213160/working-together-to-safeguardchildren https://www.gov.uk/government/publications/no-secrets-guidance-on-protecting-vulnerable-adults-in-care
(3) To work together to ensure the best fit between available resources to meet the health and social care needs of the population of Barnet (including children), by both improving services for health and social care and helping people to move as close as possible to a state of complete physical, mental and social well-being. Specific resources to be overseen include money for social care being allocated through the NHS; dedicated public health budgets; and Section 75 partnership agreements between the NHS and the Council. (4) To consider all relevant commissioning strategies from the CCG and the NHS Commissioning Board and its regional structures to ensure that they are in accordance with the JSNA and the HWBS and refer them back for reconsideration. (5) To receive assurance from all relevant commissioners and providers on matters relating to the quality and safety of services for users and patients. (6) To directly address health inequalities through its strategies and have a specific responsibility for regeneration and development as they relate to health and care. To champion the commissioning of services and activities across the range of responsibilities of all partners in order to achieve this. (7) To promote partnership and, as appropriate, integration, across all necessary areas, including the use of joined-up commissioning plans across the NHS, social care and public health. (8) Receive the Annual Report of the Director of Public Health and commission and oversee further work that will improve public health outcomes. (9) Specific responsibilities for: • Overseeing public health • Developing further health and social care integration. 4. Roles and responsibilities of Barnet’s Local Safeguarding Children Board (LSCB) Section 14 of the Children Act 2004 sets out the objectives of LSCBs, which are: a) to coordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in the area; b) to ensure the effectiveness of what is done by each such person or body for those purposes The functions of the LSCB prescribed in the Local Safeguarding Children Boards Regulations 2006 are as follows: •
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developing policies and procedures for safeguarding and promoting the welfare of children in the area of the authority, including policies and procedures in relation to: o action to be taken where there are concerns about a child’s safety or welfare, including thresholds for intervention; o training of persons who work with children or in services affecting the safety and welfare of children; o recruitment and supervision of persons who work with children; o investigation of allegations concerning persons who work with children; o safety and welfare of children who are privately fostered; o co-operation with neighbouring children’s services authorities and their Board partners. communicating to persons and bodies in the area the need to safeguard and promote the welfare of children, raising their awareness of how this can best be done, and encouraging them to do so; monitoring and evaluating the effectiveness of what is done by the authority and their Board partners individually and collectively to safeguard and promote the welfare of children, and advising them on ways to improve; participating in the planning of services for children in the area of the authority;
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undertaking reviews of serious cases and advising the authority and the Board partners on lessons to be learned; collecting and analysing information about deaths of children normally resident in the area of the authority with a view to identifying any case giving rise to the need for a serious case review, any matters of concern affecting the safety and welfare of children in the area of the authority, and any wider public health or safety concerns arising from a particular death or from a pattern of deaths in the area.
The Children Act 2004 (CA 2004) provides the legislative framework for integrated planning, commissioning and delivery of children’s services and for lines of accountability through the appointment of directors of all Children’s Services. It created a statutory framework for local co-operation between local authorities, key partner agencies (health, police, schools, housing, early years, youth justice, probation) and other relevant bodies including the voluntary and community sector, in order to improve the well-being of children in the area. The LSCB is required at least once in each 12 month period to prepare and publish a report on the effectiveness of safeguarding and promoting the welfare of children in its local area. The report must relate to the preceding financial year and will fit with planning, commissioning and budget cycles. The full terms of reference for Barnet’s LSCB are embedded below:
BSCB Terms of Reference Final 2014.pdf
5. Roles and responsibilities of Barnet’s Safeguarding Adults Boards (SAB) The Care Act (2014), which requires local authorities to set up a Safeguarding Adults Board (SAB) in their area, states that SABs must: • • •
include the local authority, the NHS and the police, who should meet regularly to discuss and act upon local safeguarding issues; develop shared plans for safeguarding, working with local people to decide how best to protect adults in vulnerable situations; publish this safeguarding plan and report to the public annually on its progress, so that different organisations can make sure they are working together in the best way.
The Safeguarding Adults Board (SAB) works in partnership to ensure that adults at risk in Barnet are protected and empowered against abuse, exploitation and neglect. The Board aims to raise awareness that abuse happens in the community and that some people may be at greater risk than others due to their age, disability or long-term illness. The Board strives to: • • •
Prevent abuse and neglect wherever it happens, in the community or in institutions. Promote the interests of vulnerable adults to enhance and enable their general wellbeing and safety. Ensure that operational services respond effectively and consistently to instances of abuse.
The objectives of the Safeguarding Adults Board in Barnet are as follows: •
Ensure that there is a shared understanding of safeguarding across all agencies.
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Establish agreed strategies, policies and plans which underpin partnership working in order to increase our individual and joint capacity Oversee and ensure the implementation of the safeguarding adult’s policy and procedures across all partner agencies in line with legislation, national policy and best practice. Develop and implement a one to three year work plan that addresses areas for further development. The annual work plan is to be monitored and updated at the quarterly meeting. Direct and monitor the work of the Board’s subgroups. Produce an annual report, reporting achievements, statistics and work plan for following year. Encourage sound inter-agency relationships and support effective partnership working to achieve good outcomes for vulnerable people. Develop a strong and evolving network of stakeholders, including vulnerable adults, their carers and advocates.
The full terms of reference for Barnet’s SAB are currently being updated and an updated version will be appended to this protocol. 6. Inter-relationships The Health and Well-being Board and each of the Safeguarding Boards are independent Boards of equal standing. Effective joint working arrangements will ensure that the three Boards are able to challenge and collaborate with one enough to ensure that Barnet has the most effective approach to and outcomes from safeguarding as possible. The Boards will need to work together to ensure the following activities take place, all of which will serve to protect children and adults at risk, and will also support effective delivery of the Joint Health and Well-Being Strategy: Area of joint working Joint Strategic Needs Assessment (JSNA)
Joint Health and Wellbeing Strategy (JHWS)
Children and Young People’s Plan
Role of the HWBB
Role of the Safeguarding Boards
The HWBB will ensure that the JSNA takes account of children’s safeguarding issues, including the priorities set out in the Business Plans of both safeguarding boards NB. the aggregated findings from all child deaths collated by the LSCB Child Death Overview Panel should inform local strategic planning The HWBB will ensure the JHWS reflects safeguarding issues raised by the safeguarding boards, and that the safeguarding boards are updated on progress made in the implementation of the JHWS (annually)
The Boards will receive and consider relevant data quarterly and be involved and consulted in relation to the development and maintenance of the JSNA. The outcomes of the JSNA should feed into safeguarding boards’ planning
The HWBB will oversee implementation of the health and well-being elements of the
The safeguarding boards will support development of safeguarding objectives for inclusion in the refresh of the JHWS, support evaluation of the impact of the JHWS on safeguarding outcomes and of safeguarding on wider determinants of health outcomes (such as domestic abuse), and ensure that safeguarding business plans align with and support implementation of the JHWS The safeguarding boards will support development of safeguarding objectives for inclusion in the refresh of the CYPP,
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CYPP, and will scrutinise the safeguarding arrangements in place for children and young people based on the activities of the LSCB business plan and the implementation of the CYPP Service The HWBB will work with other commissioning strategic Boards to develop effective commissioning in line with safeguarding practices Safeguarding reporting
The HWBB should provide scrutiny and challenge on the annual safeguarding reports and request additional updates on progress against business plans where additional scrutiny would be helpful in pursuit of effective safeguarding practice
support evaluation of the impact of the CYPP on safeguarding outcomes and of safeguarding on wider determinants of health outcomes (such as domestic abuse), and ensure that safeguarding business plans align with and support implementation of the CYPP The Safeguarding Boards will provide constructive challenge to the HWBB to ensure that services are commissioned in line with safeguarding practices, key findings and or emerging issues. The safeguarding boards should present annual performance on plans to the HWBB, (and additional updates when required), to provide the opportunity for reciprocal scrutiny and challenge and to enable Boards to feed any improvement/ development needs into the planning process for future years’ strategies
7. Arrangements to secure co-ordination between the Boards In order to realise these opportunities, it is proposed that the following arrangements would be put in place to ensure effective co-ordination and coherence in the work of the three Boards. • •
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Between April and July each year, the Safeguarding Boards will share their proposed business plans with the Health and Well-Being Board for challenge. Between July and November each year, the Independent Chair of the two Safeguarding Boards would present to the Health and Well-Being Board their annual reports outlining performance against business plan objectives in the previous financial year, and business plans for the coming year. This would provide the opportunity for the Health and Well-Being Board to challenge the performance of the Boards, to draw across data to be included in the JSNA and to reflect on key issues that may need to be incorporated in any refresh of the JHWS. Between November and March each year, the Health and Well-Being Board will present to the Safeguarding Boards the review of the JHWS, an update on the JSNA with the proposed priorities and objectives to enable the safeguarding boards to scrutinise and challenge performance of the Health and Well-Being Board.
8. Membership of the LSCB, SAB and Health and Well-Being Board Many organisations will be members of more than one of the three Boards. However, representation will not necessarily be by the same person. In order to ensure good communication and co-ordinated development, some individual members of the LSCB and SAB will also be members of the Health and Well-Being Board. These include: •
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The Director of Children’s Services attends the LSCB and Health and Well-Being Board as representative of children and young people services and also due to their overall responsibility for ensuring the efficient and effective operation of children and young people partnership working The Director of Adult Services attends the SAB and Health and Well-Being Board as representative of adult services and also due to their overall responsibility for ensuring the efficient and effective operation of adult partnership working
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The Independent Chair of the LSCB and SAB will receive regular minutes of meetings and pertinent papers from the Health and Well-Being Board. They are responsible for attending relevant Health and Well-Being Board meetings to report on key safeguarding issues, and to present the SAB/ LSCB Annual Reports. They will also be responsible for challenging the Health and Well-Being Board on issues of safeguarding, as set out in Working Together to Safeguard Children 2013.
Other individual members of the three Boards will take part in working groups across the boards as required and will ensure safeguarding is securely embedded in all developments, as well as other priority issues such as commissioning and early help as appropriate.