{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

---

Safeguarding Against Wilful Neglect and Corporate Homicide Policy

1. Purpose

This policy ensures that {{org_field_name}} maintains a zero-tolerance approach to wilful neglect and corporate homicide. It establishes clear procedures for preventing, identifying, reporting, and addressing any instances of neglect or actions that could lead to the loss of life due to organisational failures.

The objectives of this policy are to:

• Prevent wilful neglect by ensuring robust safeguarding and quality assurance measures.
• Recognise the legal obligations under the Corporate Manslaughter and Corporate Homicide Act 2007, Adult Support and Protection (Scotland) Act 2007, and Health and Social Care Standards (HSCS).
• Ensure accountability at all levels of the organisation.
• Provide staff with clear guidelines on how to recognise, report, and respond to suspected neglect or harm.
• Protect the dignity, rights, and wellbeing of the people we support.

2. Scope

This policy applies to:

• All staff, including care workers, managers, and administrative personnel.
• All people we support, including those at higher risk of neglect due to cognitive impairment, disability, or complex health conditions.
• Relatives, advocates, and external agencies involved in safeguarding.
• Regulatory bodies, including the Care Inspectorate Scotland, Police Scotland, and Local Authority Adult Protection teams.

3. Related Policies

This policy should be read alongside:

• Adult Support and Protection Policy
• Safeguarding and Whistleblowing Policy
• Incident Reporting and Management Policy
• Health and Safety Policy
• Dignity and Respect Policy
• Risk Management and Governance Policy
• Workforce Training and Development Policy

4. Definitions

4.1 Wilful Neglect

Wilful neglect is defined as the deliberate failure to provide adequate care, leading to harm or risk of harm. It may include:

• Failing to provide necessary medical attention or personal care.
• Ignoring basic hygiene needs, leading to infections or deterioration in health.
• Withholding food, hydration, or medication.
• Failing to respond to distress signals from the person we support.
• Deliberate disregard for safety measures, leading to avoidable accidents.

Under the Criminal Justice and Licensing (Scotland) Act 2010, wilful neglect is a criminal offence.

4.2 Corporate Homicide

Corporate homicide occurs when an organisation’s gross failings in duty of care lead to the death of a person. This may include:

• Systemic failures in risk management, staffing, or training.
• A failure to address known safety hazards.
• A culture of non-compliance with health and safety legislation.

Under the Corporate Manslaughter and Corporate Homicide Act 2007, an organisation can be prosecuted if systemic negligence leads to a fatality.

5. Prevention of Wilful Neglect and Corporate Homicide

5.1 Governance and Leadership Responsibility

• The Registered Manager and senior leadership at {{org_field_name}} hold ultimate responsibility for safeguarding individuals.
• Governance frameworks must include:
  • Regular quality assurance audits to assess care standards.
  • Oversight of incident reports and risk assessments.
  • Clear reporting lines for concerns about neglect.
  • Strong leadership culture promoting accountability and compliance.

5.2 Staff Training and Awareness

• Mandatory safeguarding training must be provided at induction and refreshed annually.
• Training includes:
  • Recognising the signs of wilful neglect.
  • Legal responsibilities under the Corporate Manslaughter and Corporate Homicide Act.
  • Correct procedures for reporting concerns.
  • Understanding duty of care and professional accountability.

5.3 Risk Assessments and Preventative Safeguards

• Personalised risk assessments must be in place for each person we support, detailing:
  • Medical needs and required interventions.
  • Nutrition and hydration plans.
  • Fall prevention and mobility support.
  • Skin integrity management to prevent pressure sores.
• Care staff must regularly monitor and update risk assessments.

5.4 Incident Reporting and Early Intervention

• All concerns about neglect must be reported immediately to the Registered Manager.

How to report:

1) Verbally to the Registered Manager or Safeguarding Lead

2) Inform the Registered Manager by email: {{org_field_registered_manager_email}}

3) Call the office and inform the Registered Manager or Safeguarding Lead: {{org_field_phone_no}}

4) Out of hours phone number: {{out_of_hours}}

5) Online via our website: {{org_field_website}}

• Care records must be reviewed regularly to detect any gaps in care.
• Staff must report any failure to provide care promptly, using the Incident Reporting and Management Policy.
• Whistleblowing protections are in place for staff who raise concerns about wilful neglect.

6. Responding to Wilful Neglect

6.1 Immediate Response

• Any suspected or reported case of neglect is immediately investigated by the Registered Manager.
• Medical intervention is sought if necessary.
• Family and advocates of the affected person are notified promptly.
• The Care Inspectorate Scotland and Adult Protection Team are informed if required.

6.2 Internal Investigation and Disciplinary Action

• A thorough internal investigation is conducted.
• If wilful neglect is confirmed:
  • Immediate action is taken to rectify the situation.
  • Staff involved may face disciplinary action or referral to regulatory bodies such as the SSSC.
  • Lessons learned are incorporated into policy improvements.

6.3 Reporting to External Authorities

• If corporate failings contribute to serious harm or death, the incident is escalated to Police Scotland and the Crown Office and Procurator Fiscal Service (COPFS).
• A full review of governance failures is undertaken to prevent recurrence.

7. Responsibilities

7.1 Care Staff

• Follow care plans accurately.
• Report concerns immediately.
• Attend safeguarding training.
• Maintain professional accountability.

7.2 Registered Manager

• Ensure compliance with safeguarding policies.
• Conduct risk assessments and quality audits.
• Respond promptly to allegations of neglect.
• Liaise with external agencies when necessary.

7.3 Senior Leadership

• Oversee corporate risk management.
• Ensure policies are implemented effectively.
• Maintain a culture of openness and accountability.

8. Legal and Regulatory Compliance

This policy ensures compliance with the following legislation and standards:

• Corporate Manslaughter and Corporate Homicide Act 2007
• Criminal Justice and Licensing (Scotland) Act 2010
• Adult Support and Protection (Scotland) Act 2007
• Health and Social Care Standards (Scotland)
• Scottish Social Services Council (SSSC) Codes of Practice
• Care Inspectorate Scotland Regulatory Framework

Failure to comply with these regulations may result in criminal prosecution, regulatory enforcement, or civil liability.

9. Policy Review

This policy will be reviewed annually or earlier if legislative changes occur. The Registered Manager will ensure that updates reflect the latest Care Inspectorate Scotland regulations and best practices in safeguarding.

---

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.