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{{org_field_name}}
Registration Number: {{org_field_registration_no}}
Managing Anti-Social Behaviour Policy
1. Purpose
The purpose of this policy is to ensure that anti-social behaviour (ASB) within {{org_field_name}} is managed in a manner that safeguards the rights, dignity, and well-being of all individuals in our care, as well as staff and visitors. This policy is designed to provide clear guidance for preventing, responding to, and resolving incidents of anti-social behaviour in line with the Regulation and Inspection of Social Care (Wales) Act 2016, the Equality Act 2010, the Human Rights Act 1998, and current CIW expectations. At {{org_field_name}}, we recognise that some behaviours may be linked to cognitive impairment, mental health conditions, distress, or unmet needs. Therefore, our approach to managing ASB is trauma-informed, compassionate, and rooted in person-centred care.
2. Scope
This policy applies to all service users, employees, agency workers, volunteers, contractors, visitors, and any other persons on the premises. It addresses behaviours that may cause distress, fear, harm, or disruption to others, including physical aggression, verbal abuse, persistent shouting, intimidation, sexualised behaviour, damage to property, and discriminatory language or actions. It applies both to behaviours directed at others and actions that pose a risk to the well-being and environment of the home.
3. Related Policies
This policy should be read in conjunction with the following:
CHW07 – Person-Centred Care Policy
CHW08 – Dignity and Respect Policy
CHW11 – Safe Care and Treatment Policy
CHW13 – Safeguarding Adults from Abuse and Improper Treatment Policy
CHW18 – Risk Management and Assessment Policy
CHW24 – Management of Accidents, Incidents and Near Misses Policy
CHW25 – Notification of Other Incidents Policy
CHW27 – Staff Supervision, Training, and Development Policy
CHW30 – Equality, Diversity, and Inclusion Policy
CHW39 – Mental Capacity and Deprivation of Liberty Safeguards Policy
4. Policy Statement and Implementation
4.1 Definition and Recognition of Anti-Social Behaviour
Anti-social behaviour is any behaviour that causes, or is likely to cause, harassment, alarm, distress, fear, harm or significant disruption to another person. Within a care home setting, this may include, but is not limited to:
- physical aggression or attempted aggression;
- verbal abuse, threats or intimidation;
- persistent shouting or disruptive behaviour;
- spitting;
- sexually inappropriate or sexualised behaviour;
- discriminatory language or behaviour;
- damage to property;
- persistent intrusion into another individual’s private space;
- behaviour that places the individual or others at risk of harm; or
- conduct that significantly interferes with another individual’s dignity, safety, privacy or right to peaceful enjoyment of their home.
{{org_field_name}} recognises that behaviour which may be perceived as anti-social can arise from a wide range of underlying causes, including cognitive impairment, dementia, mental health needs, learning disability, autism, pain, illness, medication effects, communication difficulties, sensory impairment, trauma, frustration, fear, environmental factors, emotional distress or unmet care and support needs.
Staff must not assume that behaviour is deliberate or wilful. Behaviour will be considered as a possible form of communication, and staff will seek to understand its cause before determining an appropriate response.
All responses will be person-centred, proportionate, respectful and focused on protecting the individual’s rights, dignity and well-being while also protecting other individuals, staff and visitors from harm.
4.2 Prevention and Positive Behaviour Support
{{org_field_name}} adopts a proactive and person-centred approach to preventing behaviour that may cause harm or distress.
Staff will seek to reduce the likelihood of incidents by creating an environment that promotes:
- dignity and respect;
- inclusion and meaningful engagement;
- choice and control;
- predictable and appropriate routines;
- independence;
- positive relationships;
- appropriate sensory stimulation;
- access to meaningful activities;
- effective communication; and
- timely identification of physical, psychological, emotional and social needs.
Behaviour that challenges will be considered in the context of the individual’s history, health, personal preferences, communication needs, cultural background, past experiences, relationships and known triggers.
Staff will use positive behaviour support approaches where appropriate. These may include:
- identifying known triggers and early warning signs;
- adapting the environment;
- modifying routines;
- providing reassurance;
- offering choices;
- reducing unnecessary stimulation;
- using preferred communication methods;
- allowing time and space for the individual to respond;
- providing meaningful activities or distraction;
- addressing pain, discomfort, hunger, thirst, fatigue or other unmet needs; and
- using agreed de-escalation approaches.
Punishment, humiliation, intimidation, threats or intentionally degrading responses must never be used to manage behaviour.
4.3 Risk Assessment and Personal Plans
Before agreeing to provide care and support, {{org_field_name}} will consider any known behaviours, associated risks and the potential impact upon the individual and other people using the service when determining whether the service can safely meet the individual’s assessed care and support needs.
An initial personal plan will be prepared before the provision of care and support commences. Where the individual is in urgent need of care and support and there has been insufficient time to prepare the personal plan beforehand, the personal plan will be prepared within 24 hours of the commencement of the service.
Within seven days of the commencement of care and support, a provider assessment will be completed by a person who has the skills, knowledge and competence to undertake the assessment and who has received appropriate training.
The assessment will consider:
- how the individual’s care and support needs can best be met;
- how the individual can best be supported to achieve their personal outcomes;
- the individual’s views, wishes, feelings and preferences;
- the individual’s communication and language needs;
- any risks to the individual’s well-being;
- any risks to the well-being of other individuals receiving care and support;
- any relevant health, psychological, behavioural or professional assessments; and
- any specialist support required.
Where behaviour presents an identified risk, the individual’s personal plan will include sufficiently detailed person-centred strategies for preventing and responding to the behaviour.
Where appropriate, a Positive Behaviour Support Plan or equivalent individual behaviour support plan will be developed.
The plan will identify, where applicable:
- known triggers;
- early indicators of distress;
- communication needs;
- preventative approaches;
- preferred de-escalation strategies;
- environmental adjustments;
- measures for supporting positive risk-taking and independence;
- actions staff should take during an incident;
- actions staff must avoid;
- circumstances in which professional advice must be sought; and
- contingency measures where there is a risk of harm.
The individual will be involved in the assessment and preparation and review of their personal plan.
The placing authority, where applicable, and any representative will also be involved as required by the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.
A representative will not be involved where an adult, or a young person aged 16 or over, does not wish them to be involved, or where such involvement would be inconsistent with the individual’s well-being.
The provider assessment will be kept under review and revised whenever necessary, including following a significant change in the individual’s needs, risks or behaviour.
Following any revised provider assessment, the personal plan will be reviewed and revised as necessary.
The personal plan will be reviewed whenever required and at least every three months.
It will also be reviewed promptly following:
- a significant behavioural incident;
- an unplanned restrictive intervention;
- a material change in the individual’s needs;
- a change in the level of risk;
- a safeguarding concern;
- a significant injury;
- repeated behavioural incidents; or
- evidence that the existing strategies are no longer effective.
Staff providing care and support to the individual must be familiar with the current personal plan, relevant risk assessments and any Positive Behaviour Support Plan or equivalent arrangements and must provide care and support in accordance with them.
4.4 Staff Training and Competency
Staff will receive induction, core training and any specialist training necessary for their role and for the assessed needs of individuals using the service.
Staff involved in supporting individuals whose behaviour may place themselves or others at risk will receive appropriate training in areas relevant to their role, including:
- person-centred care;
- understanding behaviour that challenges;
- recognising distress and unmet needs;
- positive behaviour support;
- prevention and early intervention;
- conflict resolution;
- de-escalation;
- trauma-informed approaches;
- safeguarding;
- mental capacity;
- restrictive practice; and
- safe management of behavioural incidents.
Staff must understand that restrictive practice is not a routine method of managing behaviour.
Restrictive practice must never be used:
- as punishment;
- to humiliate or degrade an individual;
- for staff convenience;
- because of inadequate staffing;
- as a substitute for appropriate care or treatment; or
- solely to secure compliance.
Care and support must not include an act intended to control or restrain an individual unless that act:
- is necessary to prevent a risk of harm posed to the individual or another person; and
- is a proportionate response to that risk.
Any control, restraint or restrictive practice must represent the least restrictive lawful response reasonably available in the circumstances and must be discontinued as soon as it is no longer necessary.
Control or restraint must only be carried out by staff who have received appropriate training in the method being used.
Where competency assessment is required for a particular intervention, staff must be assessed as competent before using that intervention.
Staff must act in accordance with:
- the organisation’s Use of Control, Restraint and Restrictive Practices Policy;
- the individual’s personal plan;
- relevant risk assessments;
- any Positive Behaviour Support Plan;
- the Mental Capacity Act 2005 where applicable;
- Deprivation of Liberty Safeguards where applicable; and
- any other lawful authority governing the individual’s care arrangements.
Staff will receive appropriate supervision and opportunities for reflective learning following significant behavioural incidents.
Where an incident identifies a gap in staff knowledge, skills or competence, additional training, supervision or competency assessment will be arranged.
4.5 Incident Management and Reporting
All incidents involving behaviour that causes or creates a risk of harm, abuse, significant distress, injury, damage, control, restraint or other restrictive practice must be reported promptly to the senior person on duty and recorded accurately in accordance with {{org_field_name}}’s incident reporting procedures.
Records will provide sufficient information to establish what occurred and will include, where applicable:
- the date and time of the incident;
- the location;
- the individuals and staff involved;
- any witnesses;
- the circumstances immediately preceding the incident;
- the behaviour displayed;
- any known or suspected trigger;
- preventative and de-escalation measures attempted;
- the individual’s communication and presentation before, during and after the incident;
- action taken by staff;
- details of any control, restraint or restrictive practice used;
- the type and duration of any restrictive intervention;
- the reason the intervention was considered necessary;
- the names of staff involved;
- any injury, harm or distress experienced by the individual or another person;
- any medical assessment or treatment provided or requested;
- the outcome of the incident;
- persons or agencies informed;
- safeguarding action or referrals made;
- whether the incident was reported to the police;
- whether a notification to Care Inspectorate Wales or another statutory body was required;
- confirmation that any required notification was completed; and
- any immediate amendment required to the individual’s risk assessment, personal plan or behaviour support arrangements.
A record of every incident in which control or restraint is used must be made within 24 hours.
The Registered Manager must ensure that each significant incident is reviewed to establish whether further action is required in relation to:
- safeguarding;
- medical assessment or treatment;
- professional referral;
- risk assessment;
- the individual’s personal plan;
- Positive Behaviour Support arrangements;
- staff deployment;
- staff training or competency;
- environmental changes; or
- statutory notification requirements.
Where an event falls within Regulation 60 and Schedule 3 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, {{org_field_name}} will notify Care Inspectorate Wales without delay and in the manner and form required by Care Inspectorate Wales.
The obligation to make a statutory notification will not be treated as discretionary.
Relevant notifiable events may include, where applicable:
- abuse or an allegation of abuse involving the service provider, a member of staff or volunteer;
- a serious accident or serious injury;
- an incident reported to the police;
- a request to a supervisory body under the Deprivation of Liberty Safeguards; or
- another event specified within Schedule 3 of the Regulations.
A notification to Care Inspectorate Wales does not replace any separate requirement to:
- make a safeguarding referral;
- contact the police;
- obtain emergency or other medical assistance;
- notify a commissioning authority; or
- notify another statutory or professional body.
Each applicable reporting and referral requirement must be completed.
Where another resident, staff member or visitor has experienced harm or distress, appropriate immediate support will be provided and proportionate measures will be taken to reduce the risk of recurrence.
4.6 Support for Individuals Displaying Anti-Social Behaviour
Individuals who display behaviour that challenges, causes distress or presents a risk to themselves or others will be treated with dignity, respect and compassion.
They will not be punished, humiliated, unnecessarily isolated or excluded because of their behaviour.
Staff will seek to understand the reason for the behaviour and identify possible contributory factors, including:
- pain;
- illness or infection;
- medication effects;
- cognitive impairment;
- dementia;
- mental health needs;
- learning disability;
- autism;
- communication difficulties;
- sensory impairment;
- trauma;
- environmental factors;
- emotional distress;
- fear or confusion;
- changes in routine;
- loneliness;
- fatigue;
- hunger or thirst; or
- other unmet care and support needs.
Where appropriate, the individual’s:
- provider assessment;
- personal plan;
- risk assessment;
- behaviour support plan;
- environment;
- communication arrangements; or
- level and method of support
will be reviewed.
Relevant professional advice will be sought where necessary.
This may include advice or assessment from:
- the individual’s GP;
- a registered nurse;
- a pharmacist;
- a psychiatrist;
- a psychologist;
- the community mental health team;
- a learning disability team;
- speech and language therapy;
- occupational therapy; or
- another appropriate health or social care professional.
Increased observation or supervision must only be introduced following appropriate assessment and must be necessary, proportionate, person-centred and subject to regular review.
Where increased observation or supervision restricts the individual’s freedom, movement or privacy, staff must consider whether it constitutes a restrictive practice or contributes to a deprivation of liberty.
Medicines must not be used simply for staff convenience or as a substitute for appropriate care, staffing, assessment or positive behaviour support.
Where medication is being considered or reviewed in response to behaviour, this must involve an appropriately qualified healthcare professional.
The use of medication primarily to control behaviour may constitute chemical restraint and must therefore be considered within the legal and organisational requirements governing control, restraint and restrictive practice.
Where an individual may lack capacity to make a particular decision, staff must act in accordance with the Mental Capacity Act 2005.
Any act or decision made for a person who lacks the relevant capacity must comply with the statutory principles and, where applicable, the best-interests requirements of the Mental Capacity Act 2005.
An individual must not be deprived of their liberty for the purpose of receiving care and support without lawful authority.
Where the care arrangements may amount to a deprivation of liberty, the appropriate Deprivation of Liberty Safeguards process or other applicable lawful authority must be followed.
4.7 Safeguarding and Protecting Others
{{org_field_name}} will provide the service in a manner that ensures individuals are safe and protected from abuse, neglect and improper treatment.
Behaviour displayed by another individual must not be dismissed solely as anti-social behaviour where the circumstances indicate that another person may have experienced:
- physical abuse;
- psychological or emotional abuse;
- sexual abuse;
- financial abuse;
- discriminatory abuse;
- neglect;
- improper treatment; or
- another form of harm.
Where there is an allegation, disclosure, suspicion or evidence of abuse, neglect or improper treatment, staff must:
- take immediate and proportionate action to protect the safety and well-being of the individual and any other person who may be at risk;
- report the concern immediately in accordance with CHW13 – Safeguarding Adults from Abuse and Improper Treatment Policy;
- preserve relevant information or evidence where appropriate;
- make or support an appropriate referral to the relevant local authority safeguarding team;
- follow the Wales Safeguarding Procedures;
- make referrals to other relevant agencies where required;
- contact the police where a criminal offence is suspected or where immediate police assistance is required;
- ensure that any required Care Inspectorate Wales notification is made separately and without delay; and
- ensure that an accurate record is maintained of the allegation or evidence, immediate action taken, decisions made and all referrals and notifications completed.
Safeguarding action must not be delayed while {{org_field_name}} conducts an internal review or investigation.
Protective measures may include, where appropriate:
- changes to staffing arrangements;
- increased support;
- environmental adjustments;
- temporary separation from an immediate source of risk;
- additional supervision; or
- other proportionate measures designed to protect individuals.
Any protective measure that restricts an individual’s liberty, movement, choice, privacy or access must be lawful, necessary, proportionate and considered under the organisation’s arrangements for control, restraint and restrictive practice.
Safeguarding decisions will take account of the rights, safety and well-being of every individual affected.
Staff will co-operate with the local authority and other relevant professionals and agencies in accordance with the Wales Safeguarding Procedures and will implement agreed protection arrangements.
4.8 Family, Representative and Advocate Engagement
Individuals will be supported to participate as fully as possible in decisions about behavioural support, risk management and changes to their personal plan.
Families, representatives and advocates will be involved where this is appropriate, lawful and consistent with the individual’s wishes, rights, confidentiality, capacity and well-being.
An adult, or a young person aged 16 or over, who has capacity to make the relevant decision may choose that a representative is not involved.
Information must not be disclosed to a family member, friend or other person solely because of their relationship to the individual where:
- the individual has not consented to the disclosure; and
- there is no other lawful basis for sharing the information.
Where an individual lacks capacity to make a particular decision, information sharing and involvement of other persons will take place in accordance with:
- the Mental Capacity Act 2005;
- applicable best-interests requirements;
- confidentiality requirements; and
- any lawful authority held by a representative.
Where appropriate, meetings will be arranged with the individual and relevant persons to:
- review concerns;
- understand triggers and unmet needs;
- agree appropriate support;
- consider the effectiveness of current strategies; and
- determine how risks can be reduced.
Individuals will be informed of, and supported to access, appropriate advocacy services where required.
Where statutory independent professional advocacy requirements apply, appropriate arrangements will be made to enable the individual to participate effectively in relevant assessment, care and support planning, review or safeguarding processes.
4.9 Partnership with External Agencies
{{org_field_name}} will work collaboratively with external professionals and agencies where this is necessary to protect individuals, understand behaviour, address underlying causes and ensure appropriate care and support.
Relevant agencies and professionals may include:
- GPs;
- community nurses;
- mental health services;
- learning disability services;
- psychologists;
- psychiatrists;
- pharmacists;
- social workers;
- local authority safeguarding teams;
- speech and language therapists;
- occupational therapists;
- commissioners;
- advocacy services;
- the police;
- Care Inspectorate Wales; and
- other specialist services relevant to the individual’s needs.
External professional support will be sought promptly where:
- behaviour represents a significant or increasing risk;
- the cause of the behaviour is unclear;
- an individual has experienced a significant change in presentation;
- existing support strategies are ineffective;
- repeated restrictive interventions are occurring;
- medication may be contributing to the behaviour;
- there are concerns about mental or physical health;
- safeguarding concerns have arisen; or
- the service requires specialist advice to continue meeting the individual’s needs safely.
Where several professionals or agencies are involved, responsibilities and agreed actions will be clearly documented and incorporated into the individual’s personal plan or risk-management arrangements where appropriate.
4.10 Monitoring, Learning and Continuous Improvement
The Registered Manager will regularly review incidents involving:
- anti-social behaviour;
- behaviour that challenges;
- aggression;
- safeguarding concerns;
- control;
- restraint; or
- other restrictive practices.
The purpose of review will be to identify patterns, recurring triggers, risks and opportunities to improve care and support.
Reviews will consider, where applicable:
- whether the individual’s assessed needs remain accurate;
- whether the individual’s personal plan remains appropriate;
- whether risk assessments remain current;
- whether Positive Behaviour Support strategies remain effective;
- whether preventative and de-escalation strategies were followed;
- whether any restrictive practice was necessary;
- whether any restrictive practice was lawful;
- whether any restrictive practice was proportionate;
- whether the least restrictive appropriate option was used;
- whether the restrictive intervention had been anticipated and addressed within the individual’s personal plan;
- whether medical attention was required;
- whether safeguarding action was required;
- whether a professional referral was required;
- whether a statutory notification was required and completed;
- whether staffing levels or staff deployment contributed to the incident;
- whether staff training or competency contributed to the incident;
- whether the individual’s communication or language needs were understood and met; and
- what action is required to reduce the likelihood of recurrence.
Where an unplanned restrictive practice has been used, or where restrictive practice not provided for within the individual’s existing arrangements has been necessary, the individual’s personal plan and relevant risk assessments will be reviewed without avoidable delay.
The service will actively seek to reduce the frequency, duration and intensity of restrictive practices.
Restrictive practice must not become the default response to recurring behaviour.
Records relating to control, restraint and restrictive practice will be subject to management and governance review and will contribute to the service’s quality monitoring and quality-of-care review arrangements.
Themes, trends, safeguarding concerns, recurring incidents, restrictive-practice use and lessons learned will be analysed through the service’s quality-assurance systems.
Where improvement action is identified, it will be:
- recorded;
- allocated to an appropriate person;
- given an appropriate completion date;
- monitored; and
- reviewed to establish whether it has been effective.
Relevant learning will be shared with staff through supervision, staff meetings, training and reflective practice while maintaining appropriate confidentiality.
4.11 Communication and Language Needs
{{org_field_name}} will take reasonable steps to identify and meet each individual’s communication and language needs when preventing, assessing and responding to behaviour.
The individual’s:
- preferred language;
- preferred method of communication;
- communication impairment;
- sensory impairment;
- need for communication aids; and
- level of understanding
will be identified through assessment and reflected within their personal plan where relevant.
Individuals will be provided with access to any aids or equipment necessary to facilitate meaningful communication.
Staff supporting the individual must understand how to use relevant communication aids, equipment and agreed communication methods.
Staff must consider whether behaviour may be communicating:
- pain;
- distress;
- fear;
- confusion;
- frustration;
- an unmet need;
- inability to understand information;
- inability to communicate a choice or preference; or
- inability to make needs known
before regarding the behaviour as deliberate anti-social conduct.
Information, explanations, choices and de-escalation communication will be provided in a language, style, presentation and format appropriate to the individual’s needs and level of understanding.
Staff will allow sufficient time for the individual to process information and respond.
Where an individual’s first or preferred language is Welsh, the service will take reasonable steps to meet that language need and will work towards actively offering care and support in Welsh rather than relying solely upon the individual to request Welsh-language provision.
Where an individual uses another language, British Sign Language, Makaton, Picture Exchange Communication System, communication technology or another augmentative or alternative communication method, appropriate arrangements will be made to support meaningful communication and participation in decisions about their care and support.
5. Policy Review
This policy will be reviewed annually, or sooner in response to significant incidents, changes in legislation, or CIW inspection feedback. The Registered Manager is responsible for ensuring this policy reflects current best practice and supports a culture of dignity, safety, and compassion.
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}}
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