Support for community organisations who are working with "Adults at Risk"​

In the last number of weeks, I have noticed an increase in requests from community organisations for support to implement their Adult Safeguarding Policy and provide Safeguarding Training for staff in their organisation. I believe this increase is directly related to the fact that Ireland, and specifically community groups in rural parts of Ireland, are now supporting large numbers of persons who have come here to flee War be it in Ukraine, the Middle East, or Africa.

Traditionally Adult Safeguarding has always been recognised as an essential elment of working with the elderly, persons with an intellectual disability and those who have limited capacity. The term “vulnerable” adult is the most commonly referred to term to identify those at most risk of abuse. According to the HSE 2014’s Safeguarding Vulnerable Persons At Risk of Abuse National Policy described vulnerable persons as:

“an adult who may be restricted in capacity to guard himself / herself against harm or exploitation or to report such harm or exploitation. Restriction of capacity may arise as a result of physical or intellectual impairment. Vulnerability to abuse is influenced by both context and individual circumstances”.

However according to the Governments discussion paper on Safeguarding there is a growing consensus both in Ireland and internationally that the use of the term vulnerable is insensitive and may stigmatise those affected. It also implies that the persons characteristics cause them to be at risk of being harmed, rather than those who cause harm. There is now a move towards the term "Adult at Risk" rather than focusing on their vulnerablility. The HSE are currently working on a revised definition of adult at risk in their new safeguarding policy (unpublished) which is as follows:

“an adult aged 18 years or over, who is at risk of experiencing abuse, neglect, or exploitation by a third party and lacks mental or physical capacity to protect themselves from harm at this time in their lives”

This shows a better understanding of both the situational nature of being “at risk” as well as demonstrating that it is the actions of a 3rd party rather than an inherent “vulnerability” due to the individuals characteristics and circumstances which cause the person to be at risk of abuse.

If you are working with Adults at Risk and are beginning to observe that they are experiencing vulnerability at this time in their lives and are concerned that your organisation needs to implement a robust safeguarding policy and procedure or revise your existing policies and procedures then please do get in touch at maighread@maighreadkelly.ie to discuss further.

In 2021 I partnered with Best Practice Healthcare Ltd. to deliver an online training course in "Safeguarding of Vulnerable Adults at Risk of Abuse". For further information see https://bestpracticehealthcare.ie/safeguarding-vulnerable-adult-risk-abuse/


How to reduce the risks associated with workplace investigation practices?

When faced with a complaint in an organisation, employers will often try and resolve the complaint themselves or will delegate the task to a junior manager. Resolving the matter can take many forms but if not handled correctly it can have significant financial, legal and reputational implications. Some of the most common mistakes that employers often make during the course of an internal workplace investigation can include:

  1. The forgoing of the pre-investigation planning stage and moving straight into investigation.
  2. The investigator chooses to morph the investigation and disciplinary steps into the same process.
  3. The investigator chooses to rely on "untested" information and therefore unduly favours one version of events and ignores discrepancies.
  4. Due to the fact that this is an internal investigation they are unable to establish a process that is perceived as independent and free of bias.
  5. Internal investigations can often be delayed, due to a number of reasons however, this "delay" can often fuel speculation and gossip therefore jeopardising appropriate disciplinary action.

Mistakes in investigations can end up being very costly for the employer and employee. The employer needs to consider what is the best approach and always take into account the needs of the business. One of the most significant considerations for employers is whether to engage an external investigator.

It may not always be appropriate or beneficial for the employer to engage an external investigator however a good investigator will induce confidence for both parties as the findings will be unbiased and independent.

Maighréad Kelly Management Consultant offers a range of supports for employers in the area of HR and Workplace Investigations. Maighréad is an experienced external investigator and is available to carry out investigations into complaints which can arise within an organisation from time to time. For more information on the services that Maighréad offers provide go to www.maighreadkelly.com or check out Maighréad’s experience on LinkedIn at https://www.linkedin.com/in/maighreadkelly/